KOOGELESWARAN A/L A SOUNDARAJAN - seorang kurang upaya yang menuntut melalui ibunya KALAIVENI A/P THANGIAH sebagai wakil litigasi beliau 1. ) NORZARINA BINTI ROSLAN 2. ) REDZUAN BIN PONIRIN

KOOGELESWARAN A/L A SOUNDARAJAN - seorang kurang upaya yang menuntut melalui ibunya KALAIVENI A/P THANGIAH sebagai wakil litigasi beliau 1. ) NORZARINA BINTI ROSLAN 2. ) REDZUAN BIN PONIRIN

On the balance of probabilities the credible and consistent testimony of D1 and independent witness SD2, supported by SP2's investigation and physical evidence (vehicle positions, debris concentration and damage patterns), established that the plaintiff negligently entered the opposing lane while overtaking and caused the collision; plaintiff therefore failed to prove defendants' negligence and his claim is dismissed with costs; provisional quantum was assessed for appeal purposes.

Citation
JA-A53KJ-18-01/2022 (Mahkamah Sesyen)
Parties
PLAINTIF: Koogeleswaran a/l A Soundarajan; DEFENDAN: Norzarina binti Roslan; DEFENDAN: Redzuan bin Ponirin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 June 2023
Case Number
JA-A53KJ-18-01/2022 (Mahkamah Sesyen)
Procedural Posture
Negligence Motor Vehicle Accident (civil) / Judgment (trial)
Outcome
Plaintiff's claim dismissed with costs; provisional assessment of damages made for purposes of appeal.
Legal Topics
Negligence, Burden of Proof, Credibility of Witnesses, Assessment of Quantum, Special Damages Pleading, Future Care Costs, Orthotics and Rehabilitation
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accidents Evidence Damages Negligence Burden of Proof Credibility of Witnesses +4 more

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Parties

Koogeleswaran a/l A Soundarajan

PLAINTIF

Norzarina binti Roslan

DEFENDAN

Redzuan bin Ponirin

DEFENDAN

Procedural Posture

Negligence Motor Vehicle Accident (civil) / Judgment (trial)

Legal Issues

  1. 1 Whether plaintiff or defendants liable for the collision
  2. 2 Credibility and weight of evidence of eyewitness SD2, driver D1 and police investigator SP2
  3. 3 Application of burden of proof in negligence actions

Ratio Decidendi

On the balance of probabilities the credible and consistent testimony of D1 and independent witness SD2, supported by SP2's investigation and physical evidence (vehicle positions, debris concentration and damage patterns), established that the plaintiff negligently entered the opposing lane while overtaking and caused the collision; plaintiff therefore failed to prove defendants' negligence and his claim is dismissed with costs; provisional quantum was assessed for appeal purposes.

Court Disposition

Plaintiff's claim dismissed with costs; provisional assessment of damages made for purposes of appeal.

Orders

  • Plaintiff's claim is dismissed with costs to the Defendants
  • Provisional assessment of damages entered for purposes of appeal (detailed in reasons)