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Kuala Lumpur City Hall (DBKL) has been ordered by the Kuala Lumpur Sessions Court to pay RM824,180 in damages to a couple whose son was killed by a fallen tree along Jalan Kuching two years ago
According to Bernama, Sessions Court judge Effandi Nazila Abdullah ruled in favour of Phun Kok Hoi, 63, and Gooi Ling Sim, 61, who filed the claim as dependants of their late son, Phun Mun Lap, 30.
The court awarded RM768,000 for loss of dependency, RM26,180 for funeral expenses, and RM30,000 in bereavement damages.
In his written judgment dated 9 March, the judge said the incident would not have occurred if DBKL had properly maintained and monitored the tree
"The tree that fell was under DBKL's maintenance, and its responsibility is therefore clear and established. The defendant also admitted that the tree was excessively large and had not been properly maintained," he said.
The court also found that DBKL failed to produce any records showing the tree had undergone maintenance work such as trimming or pruning.
The judge further noted that DBKL's own witness acknowledged the local authority's legal duty under the Local Government Act 1976 to maintain and monitor trees within its jurisdiction to ensure public safety.
The incident occurred on 22 March 2023, when Phun was riding his motorcycle to work along Jalan Kuching when a tree from a road divider suddenly fell and struck him
The 30-year-old crane driver suffered severe injuries and was taken to Selayang Hospital, where he died two days later on 24 March 2023.
His parents argued that DBKL had failed in its duty of care by not ensuring the trees were safe, failing to conduct proper inspections and maintenance, and not taking adequate preventive measures.
They also claimed DBKL failed to select suitable tree species and did not provide sufficient safety distance between roadside trees and motorists.
DBKL has since appealed the ruling at the High Court.
