AHMAD MUKHRIZ BIN MOHAMAD 1. ) SULLACHANA A/P KRISHNAN 2. ) MANJU A/P KRISHNAN

AHMAD MUKHRIZ BIN MOHAMAD 1. ) SULLACHANA A/P KRISHNAN 2. ) MANJU A/P KRISHNAN

On the balance of probabilities the court accepted the first respondent's version as inherently more probable based on investigator's sketch and photos, the consistency of the respondent's evidence, inconsistencies and delays in the plaintiff's account, and the absence of supporting evidence for the plaintiff; accordingly the plaintiff was 100% contributorily negligent and the claim is dismissed with costs.

Citation
KF-A73KJ-98-04/2022 (Mahkamah Majistret)
Parties
Appellant/plaintiff: Ahmad Mukhriz bin Mohamad; Respondent/first Defendant: Sullachana a/p Krishnan; Respondent/second Defendant: Manju a/p Krishnan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 June 2023
Case Number
KF-A73KJ-98-04/2022 (Mahkamah Majistret)
Procedural Posture
Civil Appeal / Judgment
Outcome
Plaintiff's claim dismissed; plaintiff found 100% contributorily negligent.
Legal Topics
Negligence, Burden of Proof, Credibility of Witnesses, Quantum of Damages, Afterthought
Source Language
Malay/English
Tort Motor Accident Personal Injury Civil Evidence Negligence Burden of Proof Credibility of Witnesses Quantum of Damages +1 more

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Parties

Ahmad Mukhriz bin Mohamad

Appellant/plaintiff

Sullachana a/p Krishnan

Respondent/first Defendant

Manju a/p Krishnan

Respondent/second Defendant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff was negligent and liable for the accident
  2. 2 Whether the defendant changed lane causing the collision
  3. 3 Allocation and burden of proof between parties

Ratio Decidendi

On the balance of probabilities the court accepted the first respondent's version as inherently more probable based on investigator's sketch and photos, the consistency of the respondent's evidence, inconsistencies and delays in the plaintiff's account, and the absence of supporting evidence for the plaintiff; accordingly the plaintiff was 100% contributorily negligent and the claim is dismissed with costs.

Court Disposition

Plaintiff's claim dismissed; plaintiff found 100% contributorily negligent.

Orders

  • Claim dismissed with costs to the respondents