MOHAMMAD AFNAN BIN BAKAR [No.Kad Pengenalan: 740419035979] ROSALEA BINTI ADAM [No.Kad Pengenalan: 901008017076]

MOHAMMAD AFNAN BIN BAKAR [No.Kad Pengenalan: 740419035979] ROSALEA BINTI ADAM [No.Kad Pengenalan: 901008017076]

On the balance of probabilities the plaintiff's account was more probable because neutral evidence (police sketch P1, pattern of vehicle damage consistent with defendant's car being on plaintiff's right and striking left, and defendant's failure to test or suggest his version in cross-examination) supported the plaintiff; defendant therefore 100% liable and plaintiff awarded RM56,184.00 with interest and costs as set out.

Citation
JA-A73KJ-224-02/2020 (Mahkamah Majistret)
Parties
Plaintif: Mohammad Afnan bin Bakar; Defendan: Rosalea binti Adam
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 December 2020
Case Number
JA-A73KJ-224-02/2020 (Mahkamah Majistret)
Procedural Posture
Civil Tort Negligence (motor Vehicle Accident) / Judgment After Full Trial on Liability and Quantum
Outcome
Appeal dismissed; judgment entered for plaintiff against defendant on full liability (100%)
Legal Topics
Negligence, Liability, Quantum of Damages, Onus of Proof, Special Damages, Interest
Source Language
Malay/English
Civil Tort Personal Injury Motor Vehicle Law Evidence Negligence Liability Quantum of Damages +3 more

Case Brief

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Parties

Mohammad Afnan bin Bakar

Plaintif

Rosalea binti Adam

Defendan

Procedural Posture

Civil Tort Negligence (motor Vehicle Accident) / Judgment After Full Trial on Liability and Quantum

Legal Issues

  1. 1 Whether defendant was negligent and liable for the accident
  2. 2 Onus of proof and resolution of conflicting versions
  3. 3 Assessment and quantum of general and special damages

Ratio Decidendi

On the balance of probabilities the plaintiff's account was more probable because neutral evidence (police sketch P1, pattern of vehicle damage consistent with defendant's car being on plaintiff's right and striking left, and defendant's failure to test or suggest his version in cross-examination) supported the plaintiff; defendant therefore 100% liable and plaintiff awarded RM56,184.00 with interest and costs as set out.

Court Disposition

Appeal dismissed; judgment entered for plaintiff against defendant on full liability (100%)

Orders

  • Defendan found 100% liable for the accident
  • Judgment entered for Plaintif in the sum of RM56,184.00