1. MAHYUDDIN BIN HAMID 2. MONTASINAH BINTI DANI 1. ZHAMALUDDIN BIN SHAMSUDDIN 2. YUSRIL BIN ALI

1. MAHYUDDIN BIN HAMID 2. MONTASINAH BINTI DANI 1. ZHAMALUDDIN BIN SHAMSUDDIN 2. YUSRIL BIN ALI

Plaintiffs failed to prove on the balance of probabilities that the first defendant was the driver at the material time or that his negligence caused the death; key eyewitness evidence consistently identified a female driver and was inconsistent with the pleaded defendant, therefore claim dismissed.

Citation
BK – A53KJ – 200 – 07/ 2019 (Mahkamah Sesyen)
Parties
First Plaintiff: Mahyuddin bin Hamid; Second Plaintiff: Montasinah binti Dani; First Defendant: Zhamaluddin bin Shamsuddin; Second Defendant: Yusril bin Ali
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 January 2021
Case Number
BK – A53KJ – 200 – 07/ 2019 (Mahkamah Sesyen)
Procedural Posture
Civil Suit for Negligence (dependency Claim Under Civil Law Act) / Sessions Court Judgment Following Full Trial
Outcome
Plaintiffs' claim dismissed with costs
Legal Topics
Negligence, Burden of Proof on Balance of Probabilities, Identity of Tortfeasor Vs Pleadings, Effect of NFA in Criminal Process on Civil Liability, Bereavement and Dependency Claims, Assessment of Quantum
Source Language
Malay/English
Tort Evidence Civil Procedure Road Traffic Law Statutory Interpretation Negligence Burden of Proof on Balance of Probabilities Identity of Tortfeasor Vs Pleadings +3 more

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Parties

Mahyuddin bin Hamid

First Plaintiff

Montasinah binti Dani

Second Plaintiff

Zhamaluddin bin Shamsuddin

First Defendant

Yusril bin Ali

Second Defendant

Procedural Posture

Civil Suit for Negligence (dependency Claim Under Civil Law Act) / Sessions Court Judgment Following Full Trial

Legal Issues

  1. 1 Whether plaintiffs proved on balance of probabilities that first defendant was driver
  2. 2 Whether plaintiffs proved first defendant's negligence caused death
  3. 3 Whether plaintiffs' evidence contradicted their pleadings and thereby failed

Ratio Decidendi

Plaintiffs failed to prove on the balance of probabilities that the first defendant was the driver at the material time or that his negligence caused the death; key eyewitness evidence consistently identified a female driver and was inconsistent with the pleaded defendant, therefore claim dismissed.

Court Disposition

Plaintiffs' claim dismissed with costs

Orders

  • Plaintiffs' claim dismissed with costs
  • Costs to be assessed and taxed as per scale