MUHAMAD HAIY ZIKRY BIN NOR AZIZAN (Seorang budak bawah umur yang menuntut melalui ibu dan sahabat wakilnya WAN KHASMAWATI BINTI WAN KHALID) 1. ) MUHAMMAD NURHISSAM BIN MOHD ASRI 2. ) MOHAMAD SAHADAN BIN MOHD ASRI PIHAK KETIGA WAN KHASMAWATI

MUHAMAD HAIY ZIKRY BIN NOR AZIZAN (Seorang budak bawah umur yang menuntut melalui ibu dan sahabat wakilnya WAN KHASMAWATI BINTI WAN KHALID) 1. ) MUHAMMAD NURHISSAM BIN MOHD ASRI 2. ) MOHAMAD SAHADAN BIN MOHD ASRI PIHAK KETIGA WAN KHASMAWATI

Defendant 1 was 100% liable because he approached from behind on a straight village road, admitted seeing the child in advance yet maintained speed (50 km/h) and failed to slow or keep proper lookout; there were no brake marks to corroborate an effective attempt to avoid the collision and the plaintiff, an 8‑year‑old, could not be held contributorily negligent. Liability therefore rests solely with the defendant.

Citation
TD-A73KJ-45-04/2021 (Mahkamah Majistret)
Parties
Plaintiff (minor Represented by Mother and Litigation Representative): Muhamad Haiy Zikry bin Nor Azizan; Defendant 1: Muhammad Nurhissam bin Mohd Asri; Defendant 2 (registered Owner of Motorcycle): Mohamad Sahadan bin Mohd Asri
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 January 2023
Case Number
TD-A73KJ-45-04/2021 (Mahkamah Majistret)
Procedural Posture
Civil (motor Vehicle Accident / Personal Injury) / Trial Judgment on Liability
Outcome
Defendants held fully liable (100%) for the collision and plaintiff's personal injuries; plaintiff succeeds on liability.
Legal Topics
Duty of Following Driver, Failure to Keep Proper Lookout, Contributory Negligence, Liability of Child/plaintiff, Apportionment of Liability
Source Language
Malay/English
Tort Motor Vehicle Law Civil Procedure Negligence Duty of Following Driver Failure to Keep Proper Lookout Contributory Negligence Liability of Child/plaintiff +1 more

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Parties

Muhamad Haiy Zikry bin Nor Azizan

Plaintiff (minor Represented by Mother and Litigation Representative)

Muhammad Nurhissam bin Mohd Asri

Defendant 1

Mohamad Sahadan bin Mohd Asri

Defendant 2 (registered Owner of Motorcycle)

Procedural Posture

Civil (motor Vehicle Accident / Personal Injury) / Trial Judgment on Liability

Legal Issues

  1. 1 Whether Defendant 1 was negligent in colliding with the plaintiff's bicycle from behind
  2. 2 Whether the plaintiff (an 8‑year‑old) was contributorily negligent
  3. 3 Whether liability should be apportioned or fixed at 100% on the defendant

Ratio Decidendi

Defendant 1 was 100% liable because he approached from behind on a straight village road, admitted seeing the child in advance yet maintained speed (50 km/h) and failed to slow or keep proper lookout; there were no brake marks to corroborate an effective attempt to avoid the collision and the plaintiff, an 8‑year‑old, could not be held contributorily negligent. Liability therefore rests solely with the defendant.

Court Disposition

Defendants held fully liable (100%) for the collision and plaintiff's personal injuries; plaintiff succeeds on liability.

Orders

  • Defendants found 100% liable for the collision and plaintiff's injuries.
  • Assessment of damages/quantum to be determined separately (liability only decided in this judgment).