MUHAMAD NORAZLI BIN AZMAN 1. ) SUBRAMONI A/L RAMASAMY 2. ) HARISRITARAN A/L RAMESH PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

MUHAMAD NORAZLI BIN AZMAN 1. ) SUBRAMONI A/L RAMASAMY 2. ) HARISRITARAN A/L RAMESH PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

On the balance of probabilities the court accepted the plaintiff's account corroborated by the investigating officer and documentary evidence; defendants failed to rebut; Defendant 2 was 100% negligent causing the collision and plaintiff's claim succeeded; damages awarded as per medical reports and Compendium, with interest and costs as directed.

Citation
BE-A73KJ-23-07/2023 (Mahkamah Majistret)
Parties
Plantif: Muhamad Norazli Bin Azman; Defendan Pertama: Subramoni A/L Ramasamy; Defendan Kedua: Harisritaran A/L Ramesh; Defendan Ketiga: Pacific & Orient Insurance Co. Berhad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
BE-A73KJ-23-07/2023 (Mahkamah Majistret)
Procedural Posture
Motor Vehicle Accident / Negligence / Judgment (trial Court)
Outcome
Claim allowed. Defendant 2 found 100% liable for the collision. Costs on the scale awarded to plaintiff to be paid by Defendant 3 (insurer).
Legal Topics
Negligence, Liability, Quantum of Damages, Onus of Proof, Interest and Costs
Source Language
Malay/English
Tort Motor Vehicle Accident Insurance Law Evidence Civil Procedure Negligence Liability Quantum of Damages +2 more

Case Brief

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Parties

Muhamad Norazli Bin Azman

Plantif

Subramoni A/L Ramasamy

Defendan Pertama

Harisritaran A/L Ramesh

Defendan Kedua

Pacific & Orient Insurance Co. Berhad

Defendan Ketiga

Procedural Posture

Motor Vehicle Accident / Negligence / Judgment (trial Court)

Legal Issues

  1. 1 Whether the accident occurred as alleged by the plaintiff
  2. 2 Whether Defendant 2 was negligent and liable for the collision
  3. 3 Whether the claim was fraudulent as alleged by Defendant 3

Ratio Decidendi

On the balance of probabilities the court accepted the plaintiff's account corroborated by the investigating officer and documentary evidence; defendants failed to rebut; Defendant 2 was 100% negligent causing the collision and plaintiff's claim succeeded; damages awarded as per medical reports and Compendium, with interest and costs as directed.

Court Disposition

Claim allowed. Defendant 2 found 100% liable for the collision. Costs on the scale awarded to plaintiff to be paid by Defendant 3 (insurer).

Orders

  • Judgment for plaintiff in the sum of RM26,000 for general damages
  • Special damages awarded RM130 (JPJ RM10; Police report RM40; Medical reports RM80)