1) AMIRUL IQMAL BIN MOHD KAMA ARIFFIN 2) ZAINUN BINTI NORDIN 1) MUHAMMAD FARIS BIN AZEMIN 2) JAMILAH BINTI BAKAR

1) AMIRUL IQMAL BIN MOHD KAMA ARIFFIN 2) ZAINUN BINTI NORDIN 1) MUHAMMAD FARIS BIN AZEMIN 2) JAMILAH BINTI BAKAR

Court preferred defendant's version as inherently more probable based on damage pattern, scene evidence and contemporaneous police report; however defendant failed to give adequate warning/slowing signals to following traffic, so court apportioned liability: plaintiff contributorily negligent to 70% and defendant 30%; damages were assessed on 100% basis then defendant's share applied accordingly; interest and costs awarded as set out.

Citation
WA-B53KJ-40-10/2019 (Mahkamah Sesyen)
Parties
Plaintif Pertama: Amirul Iqmal bin Mohd Kama Ariffin; Plaintif Kedua: Zainun binti Nordin; Defendan Pertama: Muhammad Faris bin Azemin; Defendan Kedua: Jamilah binti Bakar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 July 2021
Case Number
WA-B53KJ-40-10/2019 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Accident / Personal Injury (negligence) / Judgment (reasons for Judgment Delivered 27.7.2021)
Outcome
Judgment for plaintiffs with liability apportioned: plaintiffs found contributorily negligent (70%) and defendant liable for 30%; damages assessed and interest and costs awarded.
Legal Topics
Liability Apportionment, Causation, Burden of Proof, Quantum of Damages, Interest and Costs, Mitigation
Source Language
Malay/English
Tort Negligence Road Traffic Law Evidence Damages Liability Apportionment Causation Burden of Proof +3 more

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Parties

Amirul Iqmal bin Mohd Kama Ariffin

Plaintif Pertama

Zainun binti Nordin

Plaintif Kedua

Muhammad Faris bin Azemin

Defendan Pertama

Jamilah binti Bakar

Defendan Kedua

Procedural Posture

Motor Vehicle Accident / Personal Injury (negligence) / Judgment (reasons for Judgment Delivered 27.7.2021)

Legal Issues

  1. 1 Whether defendant driver changed lanes negligently causing collision
  2. 2 Whether plaintiff motorcyclist was contributorily negligent and to what extent
  3. 3 Proper apportionment of liability between parties

Ratio Decidendi

Court preferred defendant's version as inherently more probable based on damage pattern, scene evidence and contemporaneous police report; however defendant failed to give adequate warning/slowing signals to following traffic, so court apportioned liability: plaintiff contributorily negligent to 70% and defendant 30%; damages were assessed on 100% basis then defendant's share applied accordingly; interest and costs awarded as set out.

Court Disposition

Judgment for plaintiffs with liability apportioned: plaintiffs found contributorily negligent (70%) and defendant liable for 30%; damages assessed and interest and costs awarded.

Orders

  • Liability apportioned: plaintiffs 70% contributory, defendant 30% liable.
  • Damages for Plaintiff 1 (assessed on 100% basis) RM221,272.25; defendant ordered to pay 30% share equivalent to RM66,381.67.