1. ) Wakil Diri Kepada Harta Pusaka MAHADI BIN ALI 2. ) ROSLINA BINTI HARON 1. ) ROOBAN A/L SANKAR 2. ) PAVITHRA A/P CHELLADOREI 3. ) MITAH A/P CHELLADOREI

1. ) Wakil Diri Kepada Harta Pusaka MAHADI BIN ALI 2. ) ROSLINA BINTI HARON 1. ) ROOBAN A/L SANKAR 2. ) PAVITHRA A/P CHELLADOREI 3. ) MITAH A/P CHELLADOREI

Appellate court found plaintiffs discharged burden proving Mahadi entered plaintiffs' lane and defendant called no contradicting witnesses; no contributory negligence by plaintiff driver; the Sessions Court's itemised awards fall within acceptable ranges and were not based on wrong law or plainly unreasonable estimates; appeal dismissed and Sessions Court judgment upheld.

Citation
JA-12B-93-12/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Roslina binti Haron (Wakil Harta Pusaka Mahadi bin Ali, deceased); Respondent/plaintiff: Rooban a/l Sankar; Respondent/plaintiff: Pavitra a/p Chelladorei; Respondent/plaintiff: Mitah a/p Chelladorei
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2024
Case Number
JA-12B-93-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury, Motor Vehicle Accident) / Appeal From Sessions Court Judgment on Appeal Delivered
Outcome
Appeal dismissed; Sessions Court judgment upheld in full
Legal Topics
Liability, Quantum of Damages, Contributory Negligence, Burden of Proof, Future Loss and Pain and Suffering
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Law Civil Procedure Evidence Liability Quantum of Damages Contributory Negligence +2 more

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Parties

Roslina binti Haron (Wakil Harta Pusaka Mahadi bin Ali, deceased)

Appellant/defendant

Rooban a/l Sankar

Respondent/plaintiff

Pavitra a/p Chelladorei

Respondent/plaintiff

Mitah a/p Chelladorei

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury, Motor Vehicle Accident) / Appeal From Sessions Court Judgment on Appeal Delivered

Legal Issues

  1. 1 Whether deceased driver (Mahadi) was 100% liable for the collision
  2. 2 Whether plaintiff driver contributed by negligence (contributory negligence)
  3. 3 Whether the Sessions Court awards for general and special damages were excessive or plainly wrong

Ratio Decidendi

Appellate court found plaintiffs discharged burden proving Mahadi entered plaintiffs' lane and defendant called no contradicting witnesses; no contributory negligence by plaintiff driver; the Sessions Court's itemised awards fall within acceptable ranges and were not based on wrong law or plainly unreasonable estimates; appeal dismissed and Sessions Court judgment upheld.

Court Disposition

Appeal dismissed; Sessions Court judgment upheld in full

Orders

  • Appeal dismissed
  • Sessions Court judgment dated 6.12.2022 affirmed