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Legal Advice for Train Injury Case

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Selvaamalar
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0% found this document useful (0 votes)
3 views2 pages

Legal Advice for Train Injury Case

Uploaded by

Selvaamalar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Group task

Instruction
1. This task will be used as part of your continuous assessments
2. Marks allocated for this task is 30%
3. The discussion (answer) must be made between 6 to 9 pages, excluding front pages
(and other related contents) and references
4. All answer must be written in the format as below:
a. Font : Arial
b. Size : 11
c. Spacing : 1.5
d. Alignment : Justify
e. Format : PDF
5. Kindly include these information on the front page of the submission:
a. Name of the members
b. Students I/D number
c. Subject : ALM20703 – Law of Carriage
d. Semester : February 2024/2025
6. The usage of AI (artificial intelligence) for the purpose of completing the task is
STRICTLY PROHIBITED. If you are caught using AI to complete the task, your
submission will not be remarked, as it is not your work. As for the mark, you will
receive 0.
7. You must check the index of similarities for your work prior to submission. Only
submission of lesser than 25% for similarities index will be accepted. Please check the
similarity index using TurnItIn with this information of enrollment:
a. Class ID : 48735846
b. Password : lawumk
8. Kindly download the “Current view” file and used it for submission purpose.
9. Submission must be made through E-Learning platform, under the flag of “Individual
Task” before or on 26 June 2025.
10. Kindly use the format below as the title of your file for the purpose of submission
“Group number (Semester)”. Example: Group 1 (Sem Feb 24/25)

Question

Neolight Ltd. had applied for the license for railway scheme that connects Kota Bharu and
Kuala Terengganu. In the application, since the route that they choose need to go through a
river, they proposed to build railway tracks crossing a river using a bridge. The width of the
river is 200 meter and Neolight Ltd. suggested that the bridge will be built with the length of
400 meter to accommodate the need of having ample length and support for the bridge. Also,
the application suggested that there should be a supporting pillar every 20 meters for the
part of the bridge that stand over the river. Nevertheless, the said suggestion was rejected
by the Director General of Land Public Transport quoting the requirements as unnecessary as
it would be enough if the length is shortened to just 300 meter and a pillar for every 30 meters
for the part of the bridge that stand over the river. Since it is a requirement to get the license
for the scheme, Neolight Ltd. follows it.
After the application was approved, Neolight Ltd. build the facilities needed for the railway
scheme. Upon completion, Bangat Ltd. requested from Neolight Ltd. to operate railway
services on their facilities and the permission was granted. The operating license application
was made to the Commission according to the process and flow prescribed by the law and
they receive the approval letter from the Minister in the 3rd quarter of 2024, granting the right
to operate beginning 1st January 2025. Bangat Ltd. uses the name of Bangat Express Train
(BET) for their service.

Rahim plans to travel from Kuala Terengganu to Kota Bharu and purchase the ticket of BET.
During the early part of the travel, it was a smooth journey, until the train reached to the
bridge that the cross the river. During the crossing, the train become extremely shaky, Due to
the extreme shake, Rahim who sits next to a window, hit his head hard to the window. He
suffered bruises and cut due to that incident. After completely crossed the bridge, the train
stops. The train conductors walk through the coaches to see if all the passengers are alright.
Unfortunately for Rahim, he suffers some injuries. The conductors assist him with the injuries
while calling for immediate help from the nearest hospital. Rahim later was brought to the
nearest hospital. The doctors at the hospital run a few tests, including Magnetic Resonance
Imaging (MRI) to see if Rahim suffers internal injuries due to the hit, since he said that he felt
bad headache after the hit. Unfortunately for Rahim, the doctors detected that there is
internal bleeding in his brain and surgery was done immediately.

Bangat Ltd. reported the said incident to the Commission citing it as one of the worse shake
suffered by them during the service. The Commission conducted the study and found out that
the incident, which is known as hunting oscillation, was caused by the condition of the bridge
that is tilting sidewise. Discuss on who should be the defendant, should Rahim wants to
initiate legal action? Advice Rahim over the said matter.

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