ANANDA RAJAN A/L RAJAN LIM YEE YEN

ANANDA RAJAN A/L RAJAN LIM YEE YEN

The appeal is dismissed because the Plaintiff failed to prove the Defendant's negligence on the balance of probabilities; the Sessions Court properly evaluated the evidence, including independent witnesses and the investigating officer, and was entitled to consider the Plaintiff's prolonged non-possession of a riding licence as indicative of disregard for the law when assessing credibility and liability.

Citation
JA-12B-72-10/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: ANANDA RAJAN A/L RAJAN; Respondent/defendant: LIM YEE YEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 November 2021
Case Number
JA-12B-72-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Sessions Court Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Liability, Driving Without Licence, Burden of Proof, Credibility of Witnesses
Source Language
Malay/English
Motor Vehicle Accidents Negligence Road Traffic Law Evidence Liability Driving Without Licence Burden of Proof Credibility of Witnesses

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Parties

ANANDA RAJAN A/L RAJAN

Appellant/plaintiff

LIM YEE YEN

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Against Sessions Court Judgment on Liability

Legal Issues

  1. 1 Whether non-possession of a riding licence affected the Plaintiff's right to claim
  2. 2 Whether the Sessions Court judge failed to consider how the accident occurred
  3. 3 Whether omissions in the defendant's police report warranted discounting her evidence

Ratio Decidendi

The appeal is dismissed because the Plaintiff failed to prove the Defendant's negligence on the balance of probabilities; the Sessions Court properly evaluated the evidence, including independent witnesses and the investigating officer, and was entitled to consider the Plaintiff's prolonged non-possession of a riding licence as indicative of disregard for the law when assessing credibility and liability.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs