NUR AIMI IRDINA BINTI MOHAMMAD (Mendakwa melalui wakil litigas/bapa: Mohammad bin Hussain) 1. ) MOHD FIZRUL FITRI BIN AZIZAN 2. ) SHAZWANI BINTI MOHD NORASHID

NUR AIMI IRDINA BINTI MOHAMMAD (Mendakwa melalui wakil litigas/bapa: Mohammad bin Hussain) 1. ) MOHD FIZRUL FITRI BIN AZIZAN 2. ) SHAZWANI BINTI MOHD NORASHID

On the balance of probabilities the court found the defendant's version more probable based on neutral evidence (damage profiles and scene marks); the plaintiff failed to prove defendant's negligence and, being an 11‑year‑old who did not hold a motorcycle licence, was held fully responsible for causing the accident under the cited authorities.

Citation
KI-A73KJ-27-11/2019 (Mahkamah Majistret)
Parties
Plaintif: Nur Aimi Irdina binti Mohammad; Defendan: Mohd Fizrul Fitri bin Azizan; Shazwani binti Mohd Norashid
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 November 2020
Case Number
KI-A73KJ-27-11/2019 (Mahkamah Majistret)
Procedural Posture
Civil (road Traffic) / Appeal From Magistrate's Court Decision on Liability
Outcome
Appeal dismissed; Magistrate's finding on liability affirmed; plaintiff held fully negligent
Legal Topics
Liability, Burden of Proof, Driving Without Licence, Ex Turpi Causa, Assessment of Factual Probability
Source Language
Malay/English
Road Transport Law Negligence Evidence Motor Vehicle Accidents Juvenile/illicit Driving Liability Burden of Proof Driving Without Licence +2 more

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Parties

Nur Aimi Irdina binti Mohammad

Plaintif

Mohd Fizrul Fitri bin Azizan

Defendan

Shazwani binti Mohd Norashid

Procedural Posture

Civil (road Traffic) / Appeal From Magistrate's Court Decision on Liability

Legal Issues

  1. 1 Whether the defendant's negligence caused the accident
  2. 2 Whether the plaintiff's lack of a driving licence and age affects liability
  3. 3 Which party's version of events is more probable on the balance of probabilities

Ratio Decidendi

On the balance of probabilities the court found the defendant's version more probable based on neutral evidence (damage profiles and scene marks); the plaintiff failed to prove defendant's negligence and, being an 11‑year‑old who did not hold a motorcycle licence, was held fully responsible for causing the accident under the cited authorities.

Court Disposition

Appeal dismissed; Magistrate's finding on liability affirmed; plaintiff held fully negligent

Orders

  • Appeal dismissed
  • Magistrate's decision on liability affirmed