Mohd Asri Bin Muhamad Zainar @ Mohd Zain 1. ) THE PACIFIC INSURANCE BERHAD 2. ) SAFWAN BIN AHMAD NAWI

Mohd Asri Bin Muhamad Zainar @ Mohd Zain 1. ) THE PACIFIC INSURANCE BERHAD 2. ) SAFWAN BIN AHMAD NAWI

The High Court allowed the appellant's appeal on liability because the trial judge materially erred by failing to evaluate and credit the investigating officer's (SP3) and the insurer adjuster's (SD2) evidence and recorded statements which, when considered with the appellant's evidence, established on the balance of probabilities that Respondent 1 exited a minor road, failed to give way and caused the collision; respondents are 100% liable.

Citation
DA-12B-7-03/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohd Asri bin Muhamad Ainar @ Mohd Zain; Respondent/defendant 1: Safwan bin Ahmad Nawi; Respondent/defendant 2: The Pacific Insurance Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 November 2024
Case Number
DA-12B-7-03/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Motor Accident) / High Court Appeal From Sessions Court Judgment
Outcome
Appeal allowed in part; trial judge's finding on liability set aside; respondents held 100% liable for the collision.
Legal Topics
Negligence, Liability, Burden of Proof, Admissibility and Weight of Investigator Statements, Right of Way at Junctions
Source Language
Malay/English
Tort Motor Vehicle Accident Insurance Law Civil Procedure Evidence Negligence Liability Burden of Proof +2 more

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Parties

Mohd Asri bin Muhamad Ainar @ Mohd Zain

Appellant/plaintiff

Safwan bin Ahmad Nawi

Respondent/defendant 1

The Pacific Insurance Berhad

Respondent/defendant 2

Procedural Posture

Civil Appeal (personal Injury Motor Accident) / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Whether the respondents are 100% liable for the motor accident
  2. 2 Whether the trial judge erred by failing to consider material evidence (investigating officer SP3 and insurer adjuster SD2)
  3. 3 Whether the plaintiff discharged the burden of proof on balance of probabilities

Ratio Decidendi

The High Court allowed the appellant's appeal on liability because the trial judge materially erred by failing to evaluate and credit the investigating officer's (SP3) and the insurer adjuster's (SD2) evidence and recorded statements which, when considered with the appellant's evidence, established on the balance of probabilities that Respondent 1 exited a minor road, failed to give way and caused the collision; respondents are 100% liable.

Court Disposition

Appeal allowed in part; trial judge's finding on liability set aside; respondents held 100% liable for the collision.

Orders

  • Respondents (Defendant 1 and Defendant 2) held 100% liable for the accident.
  • Sessions Court awards on quantum maintained except special damages for physiotherapy allowed in the sum of RM7,200.00.