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PARLIAMENT | Ramkarpal Singh (Harapan-Bukit Gelugor) has urged the government to clarify how compensation will be calculated for victims of serious road traffic offences, including those involving drivers under the influence of drugs or alcohol.
While welcoming proposed amendments to the Road Transport Act 1987 that would empower courts to order offenders to compensate victims, the former deputy law minister said the government must explain how the amounts would be determined.
Ramkarpal (above) asked whether compensation would be calculated using...
PARLIAMENT | Ramkarpal Singh (Harapan-Bukit Gelugor) has urged the government to clarify how compensation will be calculated for victims of serious road traffic offences, including those involving drivers under the influence of drugs or alcohol.
While welcoming proposed amendments to the Road Transport Act 1987 that would empower courts to order offenders to compensate victims, the former deputy law minister said the government must explain how the amounts would be determined.
Ramkarpal (above) asked whether compensation would be calculated using a standard formula or assessed on a case-by-case basis, taking into account factors such as the severity of injuries, medical and rehabilitation costs, loss of income, long-term care needs, and the impact on victims’ dependents.
“How will compensation be determined for fatal cases compared to (those involving) injuries that cause permanent disability or loss of limbs?” he asked during his debate on Budget 2027 in the Dewan Rakyat today.
He also called for clear guidelines or a uniform assessment mechanism to ensure compensation is awarded fairly, transparently, and consistently.
Earlier today, Transport Minister Anthony Loke (below) said the proposed amendments would empower courts to order offenders convicted of serious road traffic offences to compensate victims or their lawful next of kin.
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The compensation would be in addition to imprisonment, fines, and other penalties under the law. The government is also considering seizing the assets of convicted motorists to fund the payments.
However, responding to Ahmad Yahaya (PN-Pokok Sena) in the Dewan Rakyat, Loke said no decision had been made on how the proposed compensation system would operate.
The Transport Ministry is working with other government agencies to finalise the details, with the amendments expected to be tabled in Parliament in early 2027.
When tabling Budget 2027 on Oct 9, Prime Minister Anwar Ibrahim confirmed that the compensation mechanism for victims of accidents caused by motorists under the influence of intoxicating substances would be included in the proposed amendments.
In June, the Dewan Rakyat passed a separate Road Transport (Amendment) Bill aimed at strengthening enforcement and increasing penalties for serious traffic offences.
However, the compensation proposal was not included, prompting several MPs to question the government’s commitment to addressing driving under the influence.
Civil claims
Ramkarpal also questioned how the proposed compensation mechanism would interact with victims’ existing rights to seek damages through civil proceedings.
He noted that under civil law, accident victims or their legal representatives can, subject to applicable laws, claim damages from the party responsible. These claims typically cover medical expenses, loss of income, care needs, and other losses recognised by law.
He asked whether compensation awarded through the proposed mechanism would be factored into the calculation of damages in civil proceedings.
“How will the government ensure that victims do not receive double compensation for the same loss without compromising their rights to claim appropriate damages?
“At the same time, we need to ensure that this new mechanism does not inadvertently limit the victims' rights to seek justice through the court,” Ramkarpal said.
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Loke previously said Malaysia’s existing system requires motorists who drive under the influence of alcohol or drugs to face criminal proceedings, while victims seeking compensation must file separate civil suits.
“This is where the problem lies because some victims do not have the means to file a civil case, and it will take years for them to get compensation in a civil case.
“What we are doing right now is combining these two into one so that when the case is brought to the court, the judge can also award compensation to the victims,” Loke reportedly told a press conference on Oct 12.