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Judge refuses to record RM1.7mil road accident settlement

Judicial commissioner K Raja Segaran says court approval is required before a settlement involving an accident victim lacking capacity can take effect.

Judge refuses to record RM1.7mil road accident settlement

The High Court in Melaka has refused to record a RM1.7 million settlement in a negligence suit involving a motorcycle accident that left the victim, Sultan Nur Mohamad, permanently disabled. Judicial commissioner K Raja Segaran stated that the court requires additional evidence to approve the settlement. The accident occurred on March 2, 2024, and the sessions court had previously ruled in favor of Sultan, finding the motorcycle rider wholly responsible and granting him RM1.87 million in damages, interest, and costs.

The victim's wife, Sharifah Nizamuddin, represented him during the proceedings. The parties initially agreed to settle for RM1.7 million in full and final settlement and an additional RM170,000 in costs, but the proposed settlement cannot be recorded without the court's approval. Raja Segaran emphasized that the consent of the litigation representative is necessary but not sufficient for the approval of a settlement involving a person under disability.

He also rejected the idea that the sessions court's judgment itself granted such approval. The judge directed the respondents to file a proper application for approval by a specific date, with the hearing scheduled for September 17. The agreement to the settlement remains binding while awaiting approval, but if approved, the order will be perfected; if not, the appeal will proceed.

Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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