JUDGMENT
Introduction
[1] The primary focus of this appeal is on the question whether contributory negligence or additional liability ought to fasten on a motorist who suffers injuries in a motor vehicle accident caused by the negligence of another, and whether the former ought not to be entitled to relief, in whole or in part, if at the time of the accident, he did not hold a valid licence to ride a motorcycle which also had no road tax and no policy of insurance against third party risks.
Key Background Facts
[2] This claim for general and special damages, filed at the Sessions Court, was brought by the appellant herein, as the plaintiff at the trial court, who suffered injuries when the motorcycle he was riding on was involved in an accident with a motorcar driven and owned by the respondent (defendant) at KM 8, Jalan Changkat Jong, Teluk Intan, Perak on 15 December 2017.
[3] The Sessions Court apportioned liability between parties at 70% against the respondent for being responsible for the collision and 30% against the appellant, for contributory negligence. The Sessions Court also allowed the appellant's claim for, among others, loss of future earnings of RM192,000 (with a multiplicand of RM1,000) and actual loss of income of RM28,333.30 (after a one-third deduction from RM2,500).
[4] Following an appeal and cross appeal on both liability and quantum the High Court affirmed the findings on liability in part as well as revised that on quantum.
[5] Significantly, the learned Judicial Commissioner of the High Court ("the learned JC") decided to impose an additional 30% contributory negligence on the appellant, on account of the appellant riding without a valid driving licence, road tax and insurance at the material time. This resulted in a considerable revision in the apportionment of liability between the respondent as the tortfeasor and the appellant, from 70%:30% to 40%:60%.