The Kuala Terengganu High Court has directed the government and the Public Works Department (JKR) to pay over RM750,000 in damages to a mother and daughter, ruling that they were negligent in maintaining trees along a federal road.
Justice Yusrin Faidz Yusoff, in allowing the appeal by Nur Zafirah Bazaredi, 32, and her mother Norliza Mat Hassan, 58, found that the Sessions Court had erred in dismissing their claim against the government and JKR last year.
He awarded RM354,120 in special and general damages to Zafirah, and RM397,650 to Norliza.
The case stemmed from an incident on Oct 7, 2017, when a large tree branch fell onto a road, crushing two vehicles. Zafirah had been driving a Perodua Kancil, with her mother seated beside her, and both sustained injuries.
Following the incident, the pair filed a negligence suit against the government, JKR, road maintenance concessionaire Roadcare (M) Sdn Bhd, and the Kuala Terengganu City Council.
In his ruling, Yusrin said the lower court had wrongly cleared the government and JKR—owners and administrators of federal roads—of liability. He stressed that they had a duty of care to ensure the road was safe for users.
“They were required to provide a reasonable, non-negligent explanation for the tree’s collapse,” he said, noting that no evidence of routine tree inspections had been presented. Instead, the government had attempted to shift responsibility to the city council.
“The tree fell due to a failure in proper maintenance by the government,” he added.
As for Roadcare, Yusrin ruled that tree maintenance did not fall within the company’s responsibilities, which were limited to clearing debris such as fallen trees to restore traffic flow.
