1. ) ABU TALIB BIN NOZIRAHMAD 2. ) BOO SHIN BINTE ADU ROSHID 1. ) KAST CONSTRUCTION SDN BHD 2. ) MUHAMMAD YASSIN SHAFIK BIN SARIF

1. ) ABU TALIB BIN NOZIRAHMAD 2. ) BOO SHIN BINTE ADU ROSHID 1. ) KAST CONSTRUCTION SDN BHD 2. ) MUHAMMAD YASSIN SHAFIK BIN SARIF

On the balance of probabilities the evidence (neutral investigating officer's findings, corroborating Chemist's Report, sketch plan and photographs, and the pattern of vehicle damage and injuries) established the Defendants' version (lateral intrusion by cyclist) as more probable than the Plaintiffs' rear-end theory; Plaintiffs also failed to prove dependency and quantum due to absence of direct testimony from Plaintiffs and the alleged remittance agent, unreliable/unproved salary voucher and hearsay, therefore claims are dismissed with costs.

Citation
BL-A53KJ-385-10/2022 (Mahkamah Sesyen)
Parties
First Plaintiff: Abu Talib bin Nozirahmad; Second Plaintiff: Boo Shin Binte Adu Roshid; First Defendant: Kast Construction Sdn Bhd (Company No.: 983949-V); Second Defendant: Estate of Muhammad Yassin Shafik bin Sarif (substituted as Second Defendant)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 June 2025
Case Number
BL-A53KJ-385-10/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Tort (wrongful Death/road Traffic Accident) / Judgment at Trial (ground of Judgment Dated 12 August 2025)
Outcome
Plaintiffs' claims dismissed
Legal Topics
Negligence, Burden of Proof (balance of Probabilities), Contributory Negligence, Dependency Claims Under Civil Law Act, Damages (bereavement, Funeral, Loss of Dependency), Admissibility of Documents and Hearsay, Weight of Police/chemist Reports
Source Language
Malay/English
Tort Civil Litigation Evidence Traffic Law Forensic Accident Investigation Negligence Burden of Proof (balance of Probabilities) Contributory Negligence +4 more

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Parties

Abu Talib bin Nozirahmad

First Plaintiff

Boo Shin Binte Adu Roshid

Second Plaintiff

Kast Construction Sdn Bhd (Company No.: 983949-V)

First Defendant

Estate of Muhammad Yassin Shafik bin Sarif (substituted as Second Defendant)

Second Defendant

Procedural Posture

Civil Tort (wrongful Death/road Traffic Accident) / Judgment at Trial (ground of Judgment Dated 12 August 2025)

Legal Issues

  1. 1 Whether the deceased driver was negligent and liable for the death
  2. 2 Whether contributory negligence should be attributed to the deceased driver
  3. 3 Whether Plaintiffs proved dependency and quantum of damages under Civil Law Act

Ratio Decidendi

On the balance of probabilities the evidence (neutral investigating officer's findings, corroborating Chemist's Report, sketch plan and photographs, and the pattern of vehicle damage and injuries) established the Defendants' version (lateral intrusion by cyclist) as more probable than the Plaintiffs' rear-end theory; Plaintiffs also failed to prove dependency and quantum due to absence of direct testimony from Plaintiffs and the alleged remittance agent, unreliable/unproved salary voucher and hearsay, therefore claims are dismissed with costs.

Court Disposition

Plaintiffs' claims dismissed

Orders

  • Plaintiffs' claims dismissed with costs