BANGAJA RENGAN 1. ) LIM KAR CHUN 2. ) LIM SHYI YEE

BANGAJA RENGAN 1. ) LIM KAR CHUN 2. ) LIM SHYI YEE

On the balance of probabilities the defendant\u2019s version was inherently more probable, physical damage and photographs supported that the plaintiff\u2019s motorcycle cut across and lay transversely in front of the defendant\u2019s car; the plaintiff was found 90% contributorily negligent and the defendants jointly 10% liable; general damages of RM187,000 and special damages of RM2,880 awarded (as assessed on 100% liability) while multiple claimed special items were disallowed for failure to be pleaded or proved; interest and costs awarded as specified.

Citation
BA-A53KJ-461-12/2021 (Mahkamah Sesyen)
Parties
Plaintif: BANGAJA RENGAN; Defendan Pertama: LIM KAR CHUN; Defendan Kedua: LIM SHYI YEE
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 July 2025
Case Number
BA-A53KJ-461-12/2021 (Mahkamah Sesyen)
Procedural Posture
Personal Injury Motor Vehicle Accident / Plaintiff\u2019s Appeal Against Liability and Quantum
Outcome
Appeal dismissed; trial court findings on liability and quantum affirmed
Legal Topics
Negligence, Contributory Negligence, Assessment of Damages, Pleading and Proof of Special Damages, Interest on Judgments
Source Language
Malay/English
Tort Road Traffic Law Civil Procedure Evidence Negligence Contributory Negligence Assessment of Damages Pleading and Proof of Special Damages +1 more

Case Brief

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Parties

BANGAJA RENGAN

Plaintif

LIM KAR CHUN

Defendan Pertama

LIM SHYI YEE

Defendan Kedua

Procedural Posture

Personal Injury Motor Vehicle Accident / Plaintiff\u2019s Appeal Against Liability and Quantum

Legal Issues

  1. 1 Which party was primarily responsible for the collision
  2. 2 Extent (percentage) of contributory negligence by the plaintiff
  3. 3 Whether claimed special damages for future surgery, scar revision, travel and loss of earnings were properly pleaded and proved

Ratio Decidendi

On the balance of probabilities the defendant\u2019s version was inherently more probable, physical damage and photographs supported that the plaintiff\u2019s motorcycle cut across and lay transversely in front of the defendant\u2019s car; the plaintiff was found 90% contributorily negligent and the defendants jointly 10% liable; general damages of RM187,000 and special damages of RM2,880 awarded (as assessed on 100% liability) while multiple claimed special items were disallowed for failure to be pleaded or proved; interest and costs awarded as specified.

Court Disposition

Appeal dismissed; trial court findings on liability and quantum affirmed

Orders

  • Plaintiff found 90% contributorily negligent; Defendants jointly 10% liable
  • General damages assessed at RM187,000 (100% basis)