1. ) Ithnin Bin Hassan 2. ) Rosnah Binti Madon 3. ) Hayatun Nufus Binti Hoddri 4. ) Muhammad Yusuf Bin Abdullah Sin Yong How

1. ) Ithnin Bin Hassan 2. ) Rosnah Binti Madon 3. ) Hayatun Nufus Binti Hoddri 4. ) Muhammad Yusuf Bin Abdullah Sin Yong How

On the balance of probabilities the defendant's version was inherently more probable. The independent eyewitness's testimony (SP3) was inconsistent and unreliable given distance, lighting and materially different successive police reports; the investigating officer (SP2) evidence and physical evidence supported the defendant. Plaintiffs therefore failed to prove negligence by the defendant and the claim is dismissed with costs; however the court, without prejudice to liability, assessed appropriate damages based on accepted oral evidence where admissible.

Citation
JA-A53KJ-875-11/2019 (Mahkamah Sesyen)
Parties
Plaintiff (father of Deceased): Ithnin bin Hassan; Plaintiff (mother of Deceased): Rosnah binti Maidon; Plaintiff (wife of Deceased): Hayatun Nufus binti Hoddri; Plaintiff (adopted Son of Deceased): Muhammad Yusuf bin Abdullah; Defendant (driver of Motorcar JRF 7261): Sing Yong How
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 June 2022
Case Number
JA-A53KJ-875-11/2019 (Mahkamah Sesyen)
Procedural Posture
Civil Tort — Wrongful Death/road Traffic Accident / Judgment — Reasons on Liability and Quantum Delivered
Outcome
Plaintiffs' claim dismissed for failure to prove negligence; costs to be assessed
Legal Topics
Negligence, Wrongful Death, Loss of Dependency, Bereavement Damages, Credibility and Witness Evidence, Pleading and Locus Standi, Admissibility of Documentary Evidence
Source Language
Malay/English
Tort Evidence Civil Procedure Motor Vehicle Accidents Damages Negligence Wrongful Death Loss of Dependency +4 more

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Parties

Ithnin bin Hassan

Plaintiff (father of Deceased)

Rosnah binti Maidon

Plaintiff (mother of Deceased)

Hayatun Nufus binti Hoddri

Plaintiff (wife of Deceased)

Muhammad Yusuf bin Abdullah

Plaintiff (adopted Son of Deceased)

Sing Yong How

Defendant (driver of Motorcar JRF 7261)

Procedural Posture

Civil Tort — Wrongful Death/road Traffic Accident / Judgment — Reasons on Liability and Quantum Delivered

Legal Issues

  1. 1 Whether defendant negligently changed lanes causing the deceased to brake and fall
  2. 2 Which version of conflicting eyewitness accounts is inherently probable
  3. 3 Admissibility and weight of third-party documents proving deceased's income

Ratio Decidendi

On the balance of probabilities the defendant's version was inherently more probable. The independent eyewitness's testimony (SP3) was inconsistent and unreliable given distance, lighting and materially different successive police reports; the investigating officer (SP2) evidence and physical evidence supported the defendant. Plaintiffs therefore failed to prove negligence by the defendant and the claim is dismissed with costs; however the court, without prejudice to liability, assessed appropriate damages based on accepted oral evidence where admissible.

Court Disposition

Plaintiffs' claim dismissed for failure to prove negligence; costs to be assessed

Orders

  • Plaintiffs' claims are dismissed with costs to be assessed
  • Court, without prejudice to liability decision, assessed general damages for pain and suffering at RM20,000.00