KL City Hall ordered to pay RM820k over fatal fallen tree case

 

The Kuala Lumpur Sessions Court has ordered the Kuala Lumpur mayor to pay RM824,180 to a couple who lost their son after he was killed by a fallen tree on a road divider maintained by the Kuala Lumpur City Hall (KLCH).

Judge Effandi Nazila Abdullah made the ruling after allowing the claim filed by Gooi Ling Sim, 61, and Phun Kok Hoi, 63, as dependants of the late Phun Mun Lap, 30, against the mayor as the defendant.

The court awarded RM26,180 for funeral expenses, RM768,000 for loss of dependency, and RM30,000 in bereavement damages to the couple.

KLCH has appealed against the decision to the High Court.

In his grounds of judgment dated March 9, 2026, Effandi held that the fallen tree was under KLCH’s care and that the incident would not have occurred in the absence of negligence in its monitoring and maintenance.

“The tree that fell was under KLCH’s maintenance, and its responsibility is therefore clear and established. The defendant also admitted that the tree was excessively large and had not been properly maintained,” the judge said.

The court further found that KLCH failed to produce any documentary evidence showing that maintenance or monitoring works, such as cutting, trimming, or pruning, had been carried out on the tree.

In addition, the court noted that the defendant did not dispute that the tree was under its maintenance, a position supported by the defendant’s own witness.

The judge also held that KLCH failed to discharge its statutory duty and duty of care in carrying out maintenance, inspection, prevention, and control measures to ensure that trees along road dividers are safe and do not pose a danger to road users.

“The defendant’s witness also acknowledged that KLCH has a statutory duty under the Local Government Act 1976 to maintain and monitor trees planted within its jurisdiction,” he said.

The trial was held over two days in September 2025, during which four witnesses for both the plaintiffs and the defendant were called to testify.

Struck by tree while on a motorcycle

On March 22, 2023, the victim, who was riding a motorcycle to work along Jalan Kuching, Kuala Lumpur, was struck by a fallen tree from a road divider near the KLCH gateway, close to the Selayang market.

The victim, a crane driver, sustained severe injuries and was treated at Selayang Hospital before being pronounced dead on March 24, 2023.

The victim’s parents pleaded that the accident was caused by KLCH’s negligence, including its failure to ensure that trees planted along the road divider were safe, its failure to carry out proper maintenance and regular inspections, and its failure to take adequate preventive measures.

They further claimed that KLCH failed to select suitable tree species for planting and did not provide sufficient safety distance or buffer zones between the trees and road users.

- Bernama