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KUALA LUMPUR (March 24): The Kuala Lumpur City Hall (DBKL) has been found negligent for failing to maintain a roadside tree that fell and killed a motorcyclist three years ago.
Sessions Court judge Effandi Nazila Abdullah also ordered damages of RM824,180 — consisting of dependency claims, funeral expenses and bereavement damages — to be paid to the deceased’s parents.
The civil suit concerns Phun Mun Lap, who was struck by a falling tree on the road divider near the DBKL gateway near the Selayang market in March 2023.
He suffered severe injuries and was treated at the Selayang Hospital, but passed away a few days later. He was 30 years old.
His parents Gooi Ling Sim, 60, and Phun Kok Hoi, 62, filed the suit naming the mayor of Kuala Lumpur as the sole defendant.
Among others, the couple claimed that DBKL failed to ensure roadside trees were safe, trimmed and inspected, and failed to install safety measures.
They also claimed that DBKL failed to comply with statutory duties under the Local Government Act 1976, Section 101(b) and (cc)(i), which states, among others, that the local authority shall have the power to plant, trim or remove trees and require owners of any premises to remove, lower or trim trees.
Per the written judgement dated March 9, Effandi noted that Phun had been lawfully riding his motorcycle.
Effandi said that the principle of res ipsa loquitur (“the thing speaks for itself”) applied and held DBKL liable since the tree was under its control and no maintenance records were produced.
The judge also noted that one of the defence witnesses testified that the fallen tree was 'too big' and had not received proper maintenance.
Citing case law, the judge stressed that the particular Section of the Local Government Act reflects the statutory duty and duty of care of local authorities to ensure public safety.
This includes taking action over trees even on private land where the public have a right of way.
Effandi noted that in this case, the tree was under DBKL's care.
As for damages, the Sessions Court judge noted that Phun was working as a crane operator and was not married at the time of his death. Phun had supported his parents' livelihood, providing them with RM4,000 monthly.
Effandi added that by law, and a formula reinforced by the courts, dependency claims for any deceased 30 and under have to be multiplied by 16. The court awarded RM768,000 in damages for the dependency claim.
"The Civil Law Act 1956 prescribes a mandatory multiplier which cannot be altered as the court pleases," the judge noted.
The court also awarded funeral damages of RM26,180 and bereavement damages of RM30,000.
The trial took place on two days in September 2025 with a total of four witnesses taking the stand.
The defendant is appealing against the quantum of damages awarded.
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