1. ) MAZRINA HANIM BINTI OTHMAN BASIR 2. ) UMI SURAYA BINTI DZUERWAN AIN NABILA BINTI MD YUSOF

1. ) MAZRINA HANIM BINTI OTHMAN BASIR 2. ) UMI SURAYA BINTI DZUERWAN AIN NABILA BINTI MD YUSOF

The High Court upheld the Sessions Court's primary finding that the second defendant caused the collision and was 100% liable because the plaintiff's account was consistent with contemporaneous and silent evidence while the defendant's police report and in‑court testimony were inconsistent and her independent witness unreliable; the quantum awarded by the Sessions Court was not shown to be erroneous in principle and was maintained, but the court modified the payment mechanism for RM505,000 to be held in the plaintiff's solicitors' client account for purchase of the prosthesis; the defendants' cross-appeal on interest was procedurally improper and dismissed.

Citation
AB-12BNCvC-12-11/2023 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Mazrina Hanim binti Othman Basir; Appellant / Defendant: Umi Suraya binti Dzuerwan; Respondent / Plaintiff: Ain Nabila binti Md Yusof
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 September 2024
Case Number
AB-12BNCvC-12-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (motor Vehicle Personal Injury) / Judgment on Appeal (high Court, Taiping)
Outcome
Plaintiff's appeal allowed in part; Defendants' appeal on liability dismissed; Defendants' cross-appeal on interest dismissed; Sessions Court awards largely affirmed with modification to payment mechanism for prosthesis funds.
Legal Topics
Liability for Collision, Credibility Assessment, Quantum of Damages, Prosthetic Replacement Costs, Interest on Awards, Procedural Requirements for Appeals
Source Language
Malay/English
Tort Negligence Personal Injury Motor Vehicle Accident Civil Procedure (appeal) Liability for Collision Credibility Assessment Quantum of Damages +3 more

Case Brief

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Parties

Mazrina Hanim binti Othman Basir

Appellant / Defendant

Umi Suraya binti Dzuerwan

Appellant / Defendant

Ain Nabila binti Md Yusof

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court (motor Vehicle Personal Injury) / Judgment on Appeal (high Court, Taiping)

Legal Issues

  1. 1 Directions of travel/point of impact
  2. 2 Whether second defendant encroached into plaintiff's path
  3. 3 Whether plaintiff was contributory negligent

Ratio Decidendi

The High Court upheld the Sessions Court's primary finding that the second defendant caused the collision and was 100% liable because the plaintiff's account was consistent with contemporaneous and silent evidence while the defendant's police report and in‑court testimony were inconsistent and her independent witness unreliable; the quantum awarded by the Sessions Court was not shown to be erroneous in principle and was maintained, but the court modified the payment mechanism for RM505,000 to be held in the plaintiff's solicitors' client account for purchase of the prosthesis; the defendants' cross-appeal on interest was procedurally improper and dismissed.

Court Disposition

Plaintiff's appeal allowed in part; Defendants' appeal on liability dismissed; Defendants' cross-appeal on interest dismissed; Sessions Court awards largely affirmed with modification to payment mechanism for prosthesis funds.

Orders

  • Plaintiff's appeal allowed in part with costs
  • Defendants' appeal on liability dismissed