Dr Wins Landmark Clone Car Case, JPJ Ordered To Pay RM139,000 For Negligence!

Pic Source: FMT

In a groundbreaking verdict today, the High Court issued a significant ruling, holding the Road Transport Department (JPJ) accountable for its failure to maintain accurate vehicle registration records. The case was initiated by a doctor who, unbeknownst to her, purchased a cloned 2013 Toyota Vellfire three years ago. In May of last year, she filed a lawsuit against the Penang JPJ director, the JPJ director-general, and the federal government, following the JPJ's seizure of her vehicle ten months after her purchase due to alleged tampering with the chassis and engine numbers.

The court has awarded Dr. Hema Thiyagu RM139,000 in damages, equivalent to the car's purchase price, after concluding that JPJ had violated its statutory obligations. Dr. Hema, aged 33, asserted in her lawsuit that JPJ had not provided a satisfactory explanation for failing to detect the tampering during the vehicle's registration process.

Her attorney, K. Simon Murali, argued that JPJ exhibited negligence in permitting the chassis and engine numbers of the car to be registered under a different vehicle. He contended that, according to JPJ's presented chronology in court, the stolen car was registered in Ipoh using the chassis and engine numbers from a previously registered vehicle in Johor.

Murali further contended that, based on testimonies from JPJ witnesses, there was no evidence that the original owner of the Vellfire had been present during the ownership transfer in Ipoh, despite legal requirements. Following that point, he asserted, the stolen car changed hands multiple times illegally before Dr. Hema unknowingly acquired it. In its defense, JPJ claimed that Dr. Hema's car was cloned and had been reported stolen in Labu, Negeri Sembilan, in 2019, while the chassis and engine numbers originated from the other vehicle in Johor.

The Johor-registered vehicle had been in the possession of an insurer following an accident in 2018 and was auctioned off the following year. A subsequent buyer, during an attempt to change the ownership, discovered that the vehicle was "already registered," as stated in JPJ's defense statement. JPJ argued that it was not obligated to inspect vehicles before registering them, as such responsibilities fell under Puspakom. It asserted that its registration process relied solely on the required documents and, therefore, it had no legal obligation to explain to Dr. Hema why her car was seized.

In his verdict, Justice Anand Ponnudurai stated that the JPJ director-general bore the responsibility of maintaining an accurate vehicle register, particularly for vehicles flagged as cloned. He emphasized that JPJ should have promptly seized the cloned vehicle upon its discovery.

Justice Anand noted that in Dr. Hema's case, her lack of awareness regarding the cloned vehicle was understandable since there had been multiple previous owners, which did not raise any suspicion. He pointed out that JPJ had evidence as early as December 6, 2019, eight months before Dr. Hema's purchase, suggesting the possibility of the Vellfire being cloned, but no action was taken.

Consequently, Justice Anand concluded that both the Penang JPJ director and the JPJ director-general had violated their statutory duties. He awarded Dr. Hema RM139,000 in damages and RM10,000 in costs, to be paid by the federal government, which was named as the third defendant. Senior federal counsel Muhammad Sinti represented JPJ and the federal government.