TQ3_C2&C3_W4 UCV4612 2019/2020

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Question 1:
On 13 November 2017, Labu and his father were on their way back to home from Labu’s school
when they collided into an accident. His father who rides a motorcycle was badly injured, died
immediately at the scene. Meanwhile, Labu, the pillion, was hospitalised for more than a month
due to serious injuries that he suffered from the accident. Labu was 13 years old at the time of
the accident. The accident took place at Seksyen 2, Shah Alam. The accident was between them
and a JKR van drove by Sulaiman Akhlaken, was on his way back to his office. Labu’s mother
has passed away when he was 6 years old, thus, after being discharged from the hospital, he
lived with his uncle in Seremban. Labu’s uncle, Kundur, wanted to know on whether his
nephew has any rights in claiming a legal action towards the wrongdoer.
Advise Kundur on the following:-

(a) Can Labu take legal action on his personal injuries even though he is a minor? Can he
also file a claim for the death of his father?

(b) Can Labu take any legal action against Sulaiman Akhlaken’s employer under the law?

(c) Which court will determine and heard the matter above?

Question 2:
The Times Press (M) Bhd ('the TP') and three others ('the appellants'), appeal against the
learned sessions court judge, quantum for libel for the total sum of RM1,140,000 against all
the appellants which was given on 18 October 2013. The respondent, then 29 years old and a
bachelor, was a duty-cum-public relation officer of a shopping centre in Kuala Lumpur. The
appellants had, their articles in the Mail in May 2015, called the respondent, amongst other
things -- bisexual, conman, casanova, seducer of young boys and women, fleecer, one who
indulged in sex, lies and goodbye tactics. The appellants had also appealed against the decision
on liability but the appeal was dismissed, vide the Kuala Lumpur High Court, Civil Appeal No
R1-12-276-95 dated 22 November 2015. The learned sessions court judge awarded general
damages as follows:

(1) against the first appellant (the TP), as the publisher and distributor of the Malay
Mail – RM720,000;
(2) against the second appellant (Badrolhisham Bidin), a journalist of the first
appellant -- RM100,000;
(3) against the third appellant (Esther Tan), a journalist of the first appellant --
RM100,000; and
(4) against the fourth appellant (the Malay Mail), the editor of the first appellant --
RM220,000,
Discuss.

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