YUVANNESWARY A/P PERIASAMY 1. ) AZMI BIN BAHARIM (mendakwa sebagai ibubapa yang sah dan orang tanggungan Muhammad Akmal Syazwi Bin Azmi, simati) 2. ) SHEPIAH BINTI ABD.RASHID (mendakwa sebagai ibubapa yang sah dan orang tanggungan Muhammad

YUVANNESWARY A/P PERIASAMY 1. ) AZMI BIN BAHARIM (mendakwa sebagai ibubapa yang sah dan orang tanggungan Muhammad Akmal Syazwi Bin Azmi, simati) 2. ) SHEPIAH BINTI ABD.RASHID (mendakwa sebagai ibubapa yang sah dan orang tanggungan Muhammad

On the balance of probabilities the defendant’s version was more inherently probable because it was corroborated by independent PLUS officers and the investigating officer; the plaintiffs’ key eyewitness was an interested witness whose account materially conflicted with the investigator and was therefore unreliable without corroboration. The deceased was riding in an emergency lane contrary to Rule 53(1) and at speed; negligence therefore lay wholly with the deceased (100% contributory fault). Separate awards for loss of dependency and special damages were properly pleaded and supported by evidence (employer’s testimony and receipts) and thus upheld.

Citation
NA-12BNCvC-30-10/2023 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Yuvanneswary A/P Periasamy; Respondent / Defendant: Azmi bin Baharim; Dependent / Co Respondent: Shepiah binti Abd. Rashid; Plaintiff 3: Muhammad Izzat Safuan bin Mohd Nizam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2024
Case Number
NA-12BNCvC-30-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed in part and dismissed in part: plaintiffs’ appeal on liability allowed insofar as liability was re‑apportioned to 100% on the deceased/plaintiffs; defendant’s appeal against special damages dismissed.
Legal Topics
Negligence, Liability, Contributory Negligence, Loss of Dependency, Special Damages (repair and Towing), Credibility of Interested Witness, Burden of Proof
Source Language
Malay/English
Tort Road Traffic Evidence Damages Civil Procedure Negligence Liability Contributory Negligence +4 more

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Parties

Yuvanneswary A/P Periasamy

Appellant / Plaintiff

Azmi bin Baharim

Respondent / Defendant

Shepiah binti Abd. Rashid

Dependent / Co Respondent

Muhammad Izzat Safuan bin Mohd Nizam

Plaintiff 3

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the deceased rider or the driver was negligent and liable for the collision
  2. 2 Whether the plaintiffs discharged the burden of proof on negligence on the balance of probabilities
  3. 3 Whether the testimony of an interested witness (passenger) could be accepted without admissible corroboration

Ratio Decidendi

On the balance of probabilities the defendant’s version was more inherently probable because it was corroborated by independent PLUS officers and the investigating officer; the plaintiffs’ key eyewitness was an interested witness whose account materially conflicted with the investigator and was therefore unreliable without corroboration. The deceased was riding in an emergency lane contrary to Rule 53(1) and at speed; negligence therefore lay wholly with the deceased (100% contributory fault). Separate awards for loss of dependency and special damages were properly pleaded and supported by evidence (employer’s testimony and receipts) and thus upheld.

Court Disposition

Appeal allowed in part and dismissed in part: plaintiffs’ appeal on liability allowed insofar as liability was re‑apportioned to 100% on the deceased/plaintiffs; defendant’s appeal against special damages dismissed.

Orders

  • Liability varied: deceased/plaintiffs held 100% liable and no negligence found against defendant.
  • Award of RM67,200 for loss of dependency to Plaintiffs 1 and 2 (as awarded by the Sessions Court) is upheld.