K. Siladass, May 30, 2017.
Johore UMNO is reported to have allocated RM350,000.00 to help the families of the cyclists who were fatally injured and few cyclists who sustained severe injuries in an accident on 18th February 2017. It was a road accident involving a vehicle. The gesture demonstrated by UMNO is very unusual and never had this type of help offered before.
It is true that one must not doubt the sincerity of the donor: but, the timing of the allocation seems to suggest that it is not profound concern for the victims but a ploy to gain political mileage. Aside that, it could also signify that it is race related issue. I hope that, by donating the RM350,000.00 it is not done with a view of the forth coming general elections. It is a well-known fact that an action could be commenced to claim compensation, and any lawyer, who is well-versed with running down cases, meaning cases involving road accidents would take the case and make a claim with no costs involved to the victim. The lawyer would take legal actions on contingency fee basis meaning that the lawyer would collect his fee on conclusion of the case; which is a certain percentage after having successfully claimed from the insurance company. We could assume that the vehicle involved in the early morning accident was insured against third party risks.
We now could look at results that may come about as a result of the accident. The worst scenario could be that the cyclists are entirely responsible for the accident hence their claims would be dismissed, if the matter goes for full trial. On the other hand the lawyer may negotiate with the insurers and succeed in settling the matter where the insurers might make a payment. Ex-gratia payment cannot be ruled out assuming that the case goes on for trial varying consequences could emerge one of which is the claim is dismissed and the other is negotiated settlement. The Sessions Judge could decide that the car driver was wholly liable for the accident and assess the damages accordingly.
In the case of those teenagers who died, the Civil Law Act 1952, as amended, provides that the parents would be entitled to a maximum of RMl0,000.00 by way of bereavement (see section 7 (4) of the Civil Law Act 1956). The court would also award funeral expenses and this could be in the region of RM3,000.00. Therefore, the total damages that could be recovered would be RM13,000.00.
If the court were to hold that the cyclists themselves were negligent and that their share of responsibility is 50%, this means that the victim’s parents would get RM6,500.00 of the total award of RM13,000.00. It must be remembered that the degree of contribution to the accident by the deceased persons could vary anything from 10% to 90% with a final result of total dismissed.
Those who suffered injuries would be awarded damages depending on the seriousness of the injuries. If the driver of the vehicle is found liable depending on the degree of his/her liability the insurers would indemnify.
In the circumstances, it is indeed very strange that UMNO, JB has agreed to pay a whopping sum RM350,000.00 where the claim may or may not succeed. If UMNO is serious about helping the victims’ parents and the surviving cyclists who have been injured it would have been prudent to pay that RM350,000.00 to the victims or their parents.
In this case litigation was not the best option UMNO could have pursued, unless it is a politically-motivated-charity; then, legal propositions may not be the best option. UMNO should not see this case from a racial point of view which is a dangerous exercise. The driver of the motorcar has been charged for an offence under Road Traffic Act. She needs a fair trial shorn off any political and racial prejudice.
