FAZIQ NAZRIF BIN MUSA KASSIM BIN SUANG

FAZIQ NAZRIF BIN MUSA KASSIM BIN SUANG

On the balance of probabilities the Defendant was negligent in exiting the junction and failed to give priority or ensure safety; the Plaintiff was contributorily negligent (speed) based on investigative evidence and damage patterns; liability is apportioned equally (50:50). The Plaintiff's claim is allowed and damages are awarded as assessed by the court with interest and costs on the stated bases.

Citation
JD-A53KJ-53-06/2020 (Mahkamah Sesyen)
Parties
Plaintif: Faziq Nazrif bin Musa; Defendan: Kassim bin Suang
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 September 2022
Case Number
JD-A53KJ-53-06/2020 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Accident Personal Injury (negligence) / Trial Decision (appeal Context Referenced)
Outcome
Plaintiff's claim allowed; liability apportioned 50% to Defendant and 50% contributory negligence by Plaintiff.
Legal Topics
Negligence, Apportionment of Liability, Quantum of Damages, Volenti Non Fit Injuria, Res Ipsa Loquitur, Interest and Costs
Source Language
Malay/English
Tort Motor Vehicle Law Civil Procedure Evidence Negligence Apportionment of Liability Quantum of Damages Volenti Non Fit Injuria +2 more

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Parties

Faziq Nazrif bin Musa

Plaintif

Kassim bin Suang

Defendan

Procedural Posture

Motor Vehicle Accident Personal Injury (negligence) / Trial Decision (appeal Context Referenced)

Legal Issues

  1. 1 Whether Defendant was negligent in exiting a junction and thereby caused the collision
  2. 2 Whether Plaintiff was contributorily negligent (speed) and apportionment of liability
  3. 3 Applicability of volenti non fit injuria to bar or reduce Plaintiff's claim

Ratio Decidendi

On the balance of probabilities the Defendant was negligent in exiting the junction and failed to give priority or ensure safety; the Plaintiff was contributorily negligent (speed) based on investigative evidence and damage patterns; liability is apportioned equally (50:50). The Plaintiff's claim is allowed and damages are awarded as assessed by the court with interest and costs on the stated bases.

Court Disposition

Plaintiff's claim allowed; liability apportioned 50% to Defendant and 50% contributory negligence by Plaintiff.

Orders

  • General damages awarded RM196000
  • Special damages awarded RM26271