Court orders DBKL to pay couple RM824,000 after fallen tree kills son

Judge rules that the fallen tree was under DBKL’s care, and that the accident was the result of negligent monitoring and maintenance.

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.

In his March 9 judgment, Effandi Nazila ruled that the fallen tree was under DBKL’s care, and that the accident was the result of negligent 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 provide documentary evidence showing that maintenance or monitoring work such as cutting, trimming, or pruning had been carried out on the tree.

Additionally, the court noted that the defendant did not dispute that the tree was under its care, a position confirmed by the defendant’s own witness.

The judge also held that DBKL failed to fulfil its statutory duties and exercise due care in carrying out maintenance, inspections, and preventive measures to ensure that trees along road dividers were safe and posed no 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 took place over two days in September 2025, during which four witnesses from the plaintiffs and the defendant testified.

On March 22, 2023, the victim, who was riding a motorcycle to work along Jalan Kuching, was struck by a fallen tree from a road divider near 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 argued 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 also claimed that DBKL failed to select suitable tree species and did not provide sufficient safety distance or buffer zones between the trees and road users.

DBKL has filed an appeal against the decision in the High Court.