1. ) DERRICK KONG YING KIT 2. ) ADIKEM SDN BHD JEYANTHINI A/P KANNAPERAN

1. ) DERRICK KONG YING KIT 2. ) ADIKEM SDN BHD JEYANTHINI A/P KANNAPERAN

On the balance of probabilities the plaintiff proved the accident and defendant's negligence; the defendant's own police report admitting loss of control and entry into the opposite lane, together with investigator SP4's evidence and lack of rebuttal after the defendants elected 'no case to answer', established liability; inconsistencies as to precise encroachment distance were immaterial; appeal dismissed.

Citation
WA-12BNCvC-63-05/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: DERRICK KONG YING KIT; Appellant/defendant: ADIKEM SDN BHD; Respondent/plaintiff: JEYANTHINI A/P KANNAPERAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 February 2023
Case Number
WA-12BNCvC-63-05/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Vicarious Liability, No Case to Answer, Admissibility of Police Reports, Contributory Negligence, Quantum of Damages
Source Language
Malay/English
Tort Motor Vehicle Accidents Civil Procedure Evidence Law Negligence Vicarious Liability No Case to Answer Admissibility of Police Reports +2 more

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Parties

DERRICK KONG YING KIT

Appellant/defendant

ADIKEM SDN BHD

Appellant/defendant

JEYANTHINI A/P KANNAPERAN

Respondent/plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff proved negligence on the balance of probabilities
  2. 2 Whether the defendants' election of 'no case to answer' relieves them of answering liability
  3. 3 Admissibility and weight of police reports and investigation evidence in civil proceedings (s.121 Road Transport Act)

Ratio Decidendi

On the balance of probabilities the plaintiff proved the accident and defendant's negligence; the defendant's own police report admitting loss of control and entry into the opposite lane, together with investigator SP4's evidence and lack of rebuttal after the defendants elected 'no case to answer', established liability; inconsistencies as to precise encroachment distance were immaterial; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent in the sum of RM6,000.00 subject to allocatur