- Sec.
7(11) CLA:
DEATH CLAIM
WHAT IS THE DEATH CLAIM?
1. The claim instituted by the family
member or estate of the deceased
2. Known as dependency claim (a claim for
loss of support suffered by the dependants of
the deceased caused by the negligence of
another person) under s.7 CLA or estate claim
under s.8 of the CLA 1956
3. Who is dependant?
- is direct beneficiary and must prove
financial loss sustained by him as a
dependant.
Eg: husband/wife, parents, child
CONTRIBUTORY NEGLIGENCE?
1. If the deceased was contributory
negligence, then it can be argued against
the dependants where it can deduct the
claim as in S.12(4) CLA
TYPE OF DAMAGES?
1. The damages that may be claimed are:
- loss of support - funeral expenses
- bereavement - reasonable expenses
WHO CAN CLAIMED?
-Section7(2)CLA:
spouse (wife/husband),
parents (father,mother,grandparents)
child (son,daughter,illegitimate child,
legally adopted child,grandchild,stepchild)
siblings not entitled to the claim
- Sec.7(5) CLA:
The action must be brought within 3 years
of the death
LOSS OF (EARNINGS)/SUPPORT
(FINANCIAL SUPPORT)
CONDITIONS:
a) Deceased must age below 55 years:
Case: Ahmad Nordin bin Haji Maslan v Eng
Ngak Hua
Held: The normal age of retirement in
Malaysia was 55 years
b) Deceased must in good health prior to
death
Case: Osman Effendi bin Mahmud v Mohd
Noh bin Khamis
Principle: Good health means no other cause
ill health prior to the accident.
c) Deceased was receiving earnings at time of
death
Case: Dirkie Pieternella Halma v Mohd Nor bin
Baharom
Principle: Deceased must be earning at the
time of his death. If deceased was on pay
leave, her earnings will be treated and
therefore her dependants will not be entitled
to loss of support.
S. 7(3)(iv)
- Only the LOE of a deceased who is
below the age of 55 years, in good
health and receiving earnings by
gainful activity at the time of death
can be taken into account.
- Prospective increase in earnings
(after death) is not to be calculated

- The living expenses, either proven or
admitted of the deceased at the time of death
are to be deducted.
CALCULATION
Multiplicand x Multiplier = Loss off Support
Multiplicand is determined by
deceased earnings at the time prior to
his death
Earnings to include:
wages/salary/allowances/EPF/Profit/C
ommision/Monthly
contribution/Overtime/Part time
Multiplier as per Section 7(3)(iv)(d) of
CLA to determine the number of years
purchase
- The deceased age 30 years and
below shall be : 16
- 31 years and above 55 : the age of
deceased divided by two
BASE AGE (i.e.55) AGE AT DEATH
2 Rahman
Monthly loss of support x 12 months
(multiplicand) x number of years
purchase (multiplier)
- If the amount is given e.g. RM500
e.g: RM 500X12X16=Y(deduct
contributory negligence)
- If not given, has no prove the
amount (based on evidence
salary slips) (deduct) monthly
expenses
- Case: Ibrahim Bin Ismail (2004) 1
MLJ 525 CA : no contingencies
deduction
Surviving husband can only claim for
loss of support if he was dependant
on the widow income
Children can also claim for loss of
services (e.g. monetary loss incurred
by replacing services of their mother)
of parents + loss of support.
BEREAVEMENT
(KEDUKACITAAN)
- known as grief/sorrow/mourning/berkabung
- SEC.7(3A-E) CLA
- Sec. 7(3A) of CLA = sum awarded to parents
to be divided equally between them.
- Sec. 7(3B) of CLA = Who can claim?
Spouse (proof marital status
required)of the deceased (if more
than one spouse-equally divided
Parents, if the deceased is minor or
never married
- Sec. 7(3C) of CLA sum awarded to parents
to be divided equally between them.
Case: Hazimah bt Muda v Ab. Rahim bin Ab.
Principle: Bereavement is for the spouse, and
if there is more than one spouse recognised
by the personal or the customary law, it
should be shared equitably.
Case: Noor Famiza bt Zobri v Awang bin
Muda
Principle: No interest would be given on the
award of damages for bereavement
FUNERAL EXPENSES
- Sec.7(3)(ii) of CLA such expenses are
recoverable by the dependants of the have
been incurred
- Claim for FE can be made if the expenses
actually incurred by the Plaintiff/claimant

- It is subject to proof + the amount

recoverable depends on the status of the
deceased, his cultural and religious
background.

- For Muslims only.

OTHER SD EXPENSES
- S.7(3) CLA

-Must be substantiated by credible

evidence

- If death is not immediate can claim for

pain and suffering normally court will
award one lump sump amount.