ANBARASAN MURUGESAN 1. ) MICHAEL JEBASEGARAN A/L MANOHARAN 2. ) LOTUS CHARITY CARE CENTRE

ANBARASAN MURUGESAN 1. ) MICHAEL JEBASEGARAN A/L MANOHARAN 2. ) LOTUS CHARITY CARE CENTRE

Based on the evidence of the investigating officer and Defendant 1, the court found Defendant 1 failed to take adequate care before turning into the junction and was 85% liable; Plaintiff found 15% contributorily negligent. Damages were assessed and awarded in respect of proved injuries and costs, with certain claimed items reduced or disallowed for lack of documentary support.

Citation
BI-B53KJ-20-12/2020 (Mahkamah Sesyen)
Parties
Plaintiff (person With Disability Represented by Manickavalli Murugesan): Anbarasan Murugesan; Defendant 1: Michael Jebasegaran a/l Manoharan; Defendant 2: Lotus Charity Care Centre
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 December 2025
Case Number
BI-B53KJ-20-12/2020 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Accident Personal Injury (civil Tort) / Judgment After Full Trial Dated 30 December 2025; Plaintiff Filed Appeal Against Liability and Quantum
Outcome
Judgment for Plaintiff; liability apportioned 15% to Plaintiff and 85% to Defendant 1; damages and costs awarded to Plaintiff as assessed by the court
Legal Topics
Negligence, Liability Apportionment, Contributory Negligence, Assessment of Damages, Evidence (accident Investigation Reports)
Source Language
Malay/English
Tort Motor Vehicle Law Personal Injury Civil Procedure Negligence Liability Apportionment Contributory Negligence Assessment of Damages +1 more

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Parties

Anbarasan Murugesan

Plaintiff (person With Disability Represented by Manickavalli Murugesan)

Michael Jebasegaran a/l Manoharan

Defendant 1

Lotus Charity Care Centre

Defendant 2

Procedural Posture

Motor Vehicle Accident Personal Injury (civil Tort) / Judgment After Full Trial Dated 30 December 2025; Plaintiff Filed Appeal Against Liability and Quantum

Legal Issues

  1. 1 Whether Defendant 1 breached duty of care by turning into junction and caused collision
  2. 2 Whether Plaintiff contributed to the accident (contributory negligence) and apportionment of liability
  3. 3 Appropriate assessment and quantum of general and special damages given injuries and available evidence

Ratio Decidendi

Based on the evidence of the investigating officer and Defendant 1, the court found Defendant 1 failed to take adequate care before turning into the junction and was 85% liable; Plaintiff found 15% contributorily negligent. Damages were assessed and awarded in respect of proved injuries and costs, with certain claimed items reduced or disallowed for lack of documentary support.

Court Disposition

Judgment for Plaintiff; liability apportioned 15% to Plaintiff and 85% to Defendant 1; damages and costs awarded to Plaintiff as assessed by the court

Orders

  • Defendant 1 to pay damages to Plaintiff as assessed by the court in respect of proved general and special damages
  • Specific claimed costs related to police, JPJ, medical and expert reports allowed and included in solicitors' client account