KUALA LUMPUR - The Sessions Court here has ordered the Kuala Lumpur Mayor to pay RM824,180 in damages to a couple who lost their son after he was killed by a fallen tree on a road divider maintained by Kuala Lumpur City Hall (DBKL).
Judge Effandi Nazila Abdullah made the ruling after allowing the claim filed by Gooi Ling Sim, 61, and Phun Kok Hoi, 63, as dependants of the late Phun Mun Lap, 30, against the Kuala Lumpur Mayor as the defendant.
The court awarded RM26,180 for funeral expenses, RM768,000 for loss of dependency, and RM30,000 in bereavement damages to the couple.
In his grounds of judgment dated March 9, 2026, Effandi Nazila held that the fallen tree was under DBKL’s care and that the incident would not have occurred in the absence of negligence in its monitoring and maintenance.
"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,” the judge said.
The court further found that DBKL failed to produce any documentary evidence showing that maintenance or monitoring works, such as cutting, trimming, or pruning, had been carried out on the tree.
In addition, the court noted that the defendant did not dispute that the tree was under its maintenance, a position supported by the defendant’s own witness.
The judge also held that DBKL had failed to discharge its statutory duty and duty of care in carrying out maintenance, inspection, prevention, and control measures to ensure that trees along road dividers are safe and do not pose a danger to road users.
"The defendant’s witness also acknowledged that DBKL has a statutory duty under the Local Government Act 1976 to maintain and monitor trees planted within its jurisdiction,” he said.
The trial was held over two days in September 2025, during which four witnesses for both the plaintiffs and the defendant were called to testify.
On March 22, 2023, the victim, who was riding a motorcycle to work along Jalan Kuching here, was struck by a fallen tree from a road divider near the DBKL gateway, close to the Selayang market.
The victim, a crane driver, sustained severe injuries and was treated at Selayang Hospital before being pronounced dead on March 24, 2023.
The victim’s parents pleaded that the accident was caused by DBKL’s negligence, including its failure to ensure that trees planted along the road divider were safe, its failure to carry out proper maintenance and regular inspections, and its failure to take adequate preventive measures.
They further claimed that DBKL failed to select suitable tree species for planting and did not provide sufficient safety distance or buffer zones between the trees and road users.
DBKL has appealed against the decision to the High Court. - BERNAMA