TAN SOO BEE RAMESHBABU A/L NARAYANAN

TAN SOO BEE RAMESHBABU A/L NARAYANAN

No appealable error was shown; on the balance of probabilities the Sessions Court correctly found the defendant wholly negligent and the quantum of damages was not excessive; therefore the High Court dismissed the appeal and affirmed the Sessions Court judgment.

Citation
JA-12B-14-04/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: TAN SOO BEE; Respondent/plaintiff: RAMESHBABU A/L NARAYANAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 February 2022
Case Number
JA-12B-14-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Determination on Appeal (re Hearing)
Outcome
Appeal dismissed; Sessions Court judgment affirmed.
Legal Topics
Liability, Contributory Negligence, Quantum of Damages, Standard of Appellate Review of Findings of Fact
Source Language
Malay/English

Case Brief

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Parties

TAN SOO BEE

Appellant/defendant

RAMESHBABU A/L NARAYANAN

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Determination on Appeal (re Hearing)

  1. 1 Whether the defendant was negligent in causing the collision
  2. 2 Whether the plaintiff contributed to the negligence
  3. 3 Whether the Sessions Court's findings of fact should be disturbed on appeal

Ratio Decidendi

No appealable error was shown; on the balance of probabilities the Sessions Court correctly found the defendant wholly negligent and the quantum of damages was not excessive; therefore the High Court dismissed the appeal and affirmed the Sessions Court judgment.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed.

Orders

  • Appeal dismissed
  • Sessions Court judgment affirmed in all respects