Vazeer Alam Mydin Meera J:

ALASAN PENGHAKIMAN

[1]The Plaintiff’s claim and the facts giving rise to that claim are well set out in the written submissions of learned counsel for the Plaintiff and I have substantially adopted and set them out below.

The Plaintiff’s claim

[2]The Plaintiff’s claim against the Defendants is an estate and dependency claim based on sections 7 and 8 of the Civil Law Act 1956 arising from a cause of action in negligence. The Plaintiff is the mother and administratix of the estate of Mohamed Ihsan Bin Saiyed Abu Thahir (“Deceased”) who passed away in an air crash in Lembah Beringin, Perak on 29.10.2009.

[3]The Deceased was a student pilot who was training at the 2^nd Defendant flying club and specifically under the instructions of the 1^st Defendant, who was at the material time, an assistant flying instructor with the Club. The 2^nd Defendant will be referred to interchangeably as “the Club” or “RSFC”.

[4]The Deceased was 22 years old at the time of his death and was a Software Engineering student at Asia Pacific Institute of Technology (APIIT). He was also the manager of Syarikat Mariam, a mini market business set up by his late father. The Deceased was single, an