Mohamad Shariff bin Abu Hassan Lee Kok Chung

Mohamad Shariff bin Abu Hassan Lee Kok Chung

Appellate court found the trial judge erred by attributing total liability to the plaintiff given evidence that the traffic light situation and point of impact made it equally probable that both parties contributed; liability was therefore apportioned 50/50 and plaintiff awarded nursing care of RM144,000 together with other damages, subject to apportionment.

Citation
AB-12BNCVC-14-08/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohamad Shariff bin Abu Hassan; Respondent/defendant: Lee Kok Chung
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 August 2021
Case Number
AB-12BNCVC-14-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Personal Injury) / Appeal; Judgment on Liability and Quantum
Outcome
Appeal allowed in part; liability apportioned 50/50; judgment for plaintiff/appellant on amended quantum
Legal Topics
Apportionment of Liability, Quantum of Damages, Nursing Care Damages, Traffic Light Right of Way, Adverse Inference Under Evidence Act
Source Language
Malay/English
Tort Negligence Personal Injury Evidence Apportionment of Liability Quantum of Damages Nursing Care Damages Traffic Light Right of Way +1 more

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Parties

Mohamad Shariff bin Abu Hassan

Appellant/plaintiff

Lee Kok Chung

Respondent/defendant

Procedural Posture

Civil Appeal (motor Vehicle Personal Injury) / Appeal; Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether trial judge erred in finding plaintiff wholly liable for collision
  2. 2 Whether traffic light was green for one or both parties and effect on right of way
  3. 3 Whether allegation of stolen motorcycle and high speed justified sole liability

Ratio Decidendi

Appellate court found the trial judge erred by attributing total liability to the plaintiff given evidence that the traffic light situation and point of impact made it equally probable that both parties contributed; liability was therefore apportioned 50/50 and plaintiff awarded nursing care of RM144,000 together with other damages, subject to apportionment.

Court Disposition

Appeal allowed in part; liability apportioned 50/50; judgment for plaintiff/appellant on amended quantum

Orders

  • Liability between plaintiff and defendant apportioned 50% each
  • Damages awarded: general damages RM175000.00