Justice Wong Kian Kheong said the Road Traffic Rules 1959 does not provide immunity, although a provision requires other road users to give way to ambulances, fire engines, customs, police, and prison vehicles.
Rule 9(1) states that these vehicles take precedence over other road users when using a siren, bell, or two-tone horn. Rule 9(2) further states that all other traffic, upon being warned of the approach of such vehicles, should keep to the left and remain stationary to allow a clear passage.
Wong, who led a three-member bench, made the remarks while allowing an appeal by a fast-food delivery employee to increase the quantum in a personal injury claim against the government following a collision with a health ministry ambulance four years ago.
“The High Court erred in applying Rule 9(2) in this case, as the ambulance was in front of the motorcyclist,” Wong said, sitting with Justices Alwi Abdul Wahab and Evrol Mariette Peters.
The motorbike, ridden by Uzair Haqimi Zainuddin, collided with the front-right side of the ambulance when the vehicle made a turn against the flow of traffic.
The bench ordered the government to pay him RM42,327.50 in damages after a 50% deduction, as he was also partially at fault. He was also awarded RM30,000 in legal costs.
Lawyers Kuthubul Zaman Bukhari and Aimi Syarizad Kuthubul Zaman represented the appellant, while federal counsels Nur Najiha Hamidi, Suhana Sabil, and Intan Azira Hussin appeared for the government.
The case facts revealed that the ambulance driver and paramedic staff from Kulai Hospital in Johor were on their way to pick up a patient suffering from a respiratory problem. Uzair, 24, gave way to the ambulance but was following closely.
The ambulance first turned left and later right, against the flow of traffic at Jalan Persiaran Indahpura Utama in Kulai Jaya at around 9.30pm on February 28, 2021. The motorcyclist hit the front-right side of the ambulance, sustaining a shoulder fracture, and was on medical leave for 21 days.
He filed a personal injury claim against the ambulance driver, the health ministry director-general, and the government.
After the trial, Uzair was awarded RM10,050 after a 70% deduction for contributory negligence.
The High Court later reduced this to RM8,250 following an appeal from the government. Uzair subsequently filed an appeal to the Court of Appeal.