1. STELLA SUMATHI A/P ANTHONYSAMY (Membawa tindakan ini melalui ibu dan wakil litigasinya, Kedua) 2. KULANTHAI THERASAMAH A/P S. AMBROSE 1. RAMLEE BIN NAWIR 2. ROMIDAH BINTI ISMAIL

1. STELLA SUMATHI A/P ANTHONYSAMY (Membawa tindakan ini melalui ibu dan wakil litigasinya, Kedua) 2. KULANTHAI THERASAMAH A/P S. AMBROSE 1. RAMLEE BIN NAWIR 2. ROMIDAH BINTI ISMAIL

The High Court affirmed the Sessions Court: contemporaneous police reports from the eyewitness and defendant, combined with photographic and vehicle damage evidence and investigating officers' findings, made it most probable the collision occurred while the plaintiff was crossing the road; both parties were partially at fault and liability was properly apportioned equally (50% each); appellate interference with the factual finding was unwarranted.

Citation
BA-12B-100-07/2019 (Mahkamah Tinggi)
Parties
Appellant Plaintiff: STELLA SUMATHI A/P ANTHONYSAMY; Appellant Plaintiff: KULANTHAI THERASAMAH A/P S. AMBROSE; Respondent Defendant: RAMLEE BIN NAWIR; Respondent Defendant: ROMIDAH BINTI ISMAIL
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 May 2020
Case Number
BA-12B-100-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court — Running Down/motor Vehicle Negligence / High Court Appeal on Liability (judgment)
Outcome
Appeal dismissed; decision of the Sessions Court affirmed
Legal Topics
Contributory Negligence, Apportionment of Liability, Assessment of Factual Findings on Appeal, Weight of Contemporaneous Police Reports, Credibility of Witnesses
Source Language
Malay/English
Tort Motor Vehicle Law Civil Procedure Evidence Contributory Negligence Apportionment of Liability Assessment of Factual Findings on Appeal Weight of Contemporaneous Police Reports +1 more

Case Brief

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Parties

STELLA SUMATHI A/P ANTHONYSAMY

Appellant Plaintiff

KULANTHAI THERASAMAH A/P S. AMBROSE

Appellant Plaintiff

RAMLEE BIN NAWIR

Respondent Defendant

ROMIDAH BINTI ISMAIL

Respondent Defendant

Procedural Posture

Civil Appeal From Sessions Court — Running Down/motor Vehicle Negligence / High Court Appeal on Liability (judgment)

Legal Issues

  1. 1 Whether the Sessions Court Judge erred in finding liability apportioned 50:50
  2. 2 Whether the collision occurred at the road divider or while the plaintiff was crossing the road
  3. 3 Whether the police reports and vehicle damage evidence should be preferred over trial testimony

Ratio Decidendi

The High Court affirmed the Sessions Court: contemporaneous police reports from the eyewitness and defendant, combined with photographic and vehicle damage evidence and investigating officers' findings, made it most probable the collision occurred while the plaintiff was crossing the road; both parties were partially at fault and liability was properly apportioned equally (50% each); appellate interference with the factual finding was unwarranted.

Court Disposition

Appeal dismissed; decision of the Sessions Court affirmed

Orders

  • Appeal dismissed
  • Decision of the Sessions Court affirmed