The Court of Appeal told Projek Lebuhraya Usahasama Bhd (PLUS) to install streetlights along dark stretches of the North-South Expressway, after upholding its liability over a fatal accident involving a motorcyclist.
A three-judge panel led by Datuk Ahmad Zaidi Ibrahim found that the concessionaire and its maintenance contractor, Projek Penyelenggaraan Lebuhraya Bhd (Propel), had failed to take reasonable steps to ensure road safety.
The court held that periodic patrols by PlusRonda every 45 to 50 minutes were inadequate, especially at night on poorly lit stretches where hazards could not be detected in time.
The ruling followed a 2018 accident near Taiping that saw motorcyclist Azizi Zakaria, 27,striking a wheel chock for trucks and trailers on the highway. The accident took Azizi’s life.
Azizi’s parents, Zakaria Hamid and Gayah Dochik, sued PLUS and Propel for negligence.
The Sessions Court had found the companies 80 per cent liable, with 20 per cent contributory negligence apportioned to Azizi.
His parents were awarded RM57,600 for loss of dependency and RM3,000 in special damages. The High Court later affirmed the liability and revised the dependency sum to RM500 per month based on evidence of Azizi’s monthly contribution to his family.
Faizah, who wrote the unanimous decision, said PLUS bore a statutory duty under the Federal Roads (Private Management) Act 1984 to maintain the expressway in good repair.
“It is our considered opinion that a reasonable course of action in the circumstances would be for PLUS to install street lighting at intervals of, for instance, 300 meters or another distance deemed appropriate, in accordance with established engineering practices.
“Furthermore, with the introduction of solar-powered streetlights, operational expenses are expected to be significantly reduced compared to those associated with conventionally powered lighting systems.
“We disagree with the arguments presented by PLUS and Propel that the establishment of PLUSRonda to patrol the 800km stretch of the highway constitutes the taking of all reasonable measures to ensure user safety.
“PLUSRonda patrols the highway in big vehicles. In an unlit stretch of the highway, with no streetlights, the PLUSRonda personnel will only be able to see what is on the road in front of their vehicle,” she said in her ground of judgment dated Sept 11.
The appellate court said PLUS’s duty to care at common law to the users of the highway to maintain the highway in good repair and condition is non-delegable.
The court added that although PLUS had delegated its duty to maintain and repair the highway to Propel, it remains liable for Propel’s negligence that results in damage or injury to the users of the highway.
