1. ) SITI NORA BINTI YA'COB 2. ) MD SABRI BIN MOHD NOR 1. ) MOHD EDDEY FAIZUL BIN SUHAIMI 2. ) AMGENERAL INSURANCE BERHAD

1. ) SITI NORA BINTI YA'COB 2. ) MD SABRI BIN MOHD NOR 1. ) MOHD EDDEY FAIZUL BIN SUHAIMI 2. ) AMGENERAL INSURANCE BERHAD

The High Court upheld the Sessions Court's findings that on the balance of probabilities the accident occurred and the plaintiff proved his case; the defendants failed to rebut the plaintiff's credible testimony or prove fraud; there was no demonstrable error in the trial judge's assessment of SP1 and SP3, therefore both appeals are dismissed and the Sessions Court decision is affirmed.

Citation
DA-12B-4-03/2022 (Mahkamah Tinggi)
Parties
Perayu; Defendan: SITI NORA BINTI YA'COB; Perayu; Defendan: MD SABRI BIN MOHD NOR; Responden; Plaintif: MOHD EDDEY FAIZUL BIN SUHAIMI; Responden; Perayu: AMGENERAL INSURANCE BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 November 2022
Case Number
DA-12B-4-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court Decision on Liability and Alleged Fraud
Outcome
Both appeals dismissed; Sessions Court decision affirmed
Legal Topics
Liability, Causation, Witness Credibility, Investigative Evidence, Delay in Reporting, Costs
Source Language
Malay/English
Road Traffic Accidents Insurance Law Civil Procedure Tort Negligence Fraud Allegations Liability Causation Witness Credibility +3 more

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Parties

SITI NORA BINTI YA'COB

Perayu; Defendan

MD SABRI BIN MOHD NOR

Perayu; Defendan

MOHD EDDEY FAIZUL BIN SUHAIMI

Responden; Plaintif

AMGENERAL INSURANCE BERHAD

Responden; Perayu

Procedural Posture

Civil Appeal / Appeal From Sessions Court Decision on Liability and Alleged Fraud

Legal Issues

  1. 1 Whether the plaintiff proved the accident occurred on the balance of probabilities
  2. 2 Whether there was any element of fraud in the plaintiff's claim
  3. 3 Whether the Sessions Court erred in accepting the credibility of SP1 (investigating officer) and SP3 (plaintiff)

Ratio Decidendi

The High Court upheld the Sessions Court's findings that on the balance of probabilities the accident occurred and the plaintiff proved his case; the defendants failed to rebut the plaintiff's credible testimony or prove fraud; there was no demonstrable error in the trial judge's assessment of SP1 and SP3, therefore both appeals are dismissed and the Sessions Court decision is affirmed.

Court Disposition

Both appeals dismissed; Sessions Court decision affirmed

Orders

  • First appeal (DA-12B-4-03/2022) dismissed with costs of RM5000.00 subject to fi alokatur
  • Second appeal (DA-12B-5-03/2022) dismissed with costs of RM5000.00 subject to fi alokatur