Ipoh High Court judge Moses Susayan, however, declines to impose legal costs on the widow due to her financial circumstances.
Justice Moses Susayan upheld the dismissal of a negligence claim filed by Selva Raj’s estate against the estate of the deceased motorcyclist, Ridzuan Azahari.
He also affirmed the judgment allowing Ridzuan’s estate’s claim against Selva Raj’s estate, which included an award of RM425,000 in damages.
However, the judge made no order for costs against Selva Raj’s widow, K Latchimy, who was acting as the administrator of her late husband’s estate, after taking into account her financial hardship and inability to pay.
The sessions court had assessed damages at RM93,000 in favour of Selva Raj’s estate if its claim had succeeded, but ultimately dismissed the suit after finding him entirely at fault for the accident.
The accident occurred at Km290.2 of the North-South Expressway at about 7.55am on July 8, 2020.
Both Selva Raj, who was crossing the expressway, and Ridzuan died in the accident.
The litigation involved two cross-suits that were heard together before sessions court judge Norhayati Mohamad Yunus.
In the first suit, Selva Raj’s estate sued Ridzuan’s estate for negligence. In the second, Ridzuan’s widow and three children sued Selva Raj’s estate over the same accident.
On June 26, 2025, Norhayati dismissed Selva Raj’s estate’s claim and allowed Ridzuan’s family’s claim, ruling that Selva Raj was 100% responsible for the accident.
Dissatisfied with the decision, Selva Raj’s estate appealed against both rulings to the High Court, but Susayan dismissed both appeals.
Darshan Singh Gill appeared for Selva Raj’s estate. Nik Mohd Faris Syazwan Zainuzzaman represented Ridzuan’s estate, while Amelia Yee acted for Zurich General Insurance Malaysia Bhd, the motorcycle’s insurer. - FMT
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