Abdul Ghani Bin Mohd Noor 1. ) MOHAMAD HAIZIR ASRAF BIN MOHAMAD TARMIZI 2. ) EMBI MOHD RIDZUAN BIN MAT HUSSIN PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

Abdul Ghani Bin Mohd Noor 1. ) MOHAMAD HAIZIR ASRAF BIN MOHAMAD TARMIZI 2. ) EMBI MOHD RIDZUAN BIN MAT HUSSIN PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

On the balance of probabilities the plaintiff proved the collision between his car and the first defendant's motorcycle; the first defendant is 100% liable; the third defendant failed to prove fraud; loss of earnings award limited to four months based on medical and employment evidence.

Citation
BI-A53KJ-60-11/2022 (Mahkamah Sesyen)
Parties
Plaintiff: ABDUL GHANI MOHD NOR; First Defendant: MOHAMAD HAIZIR ASRAF MOHAMAD TARMIZI; Second Defendant: EMBI MOHD RIDZUAN MAT HUSSIN; Third Defendant / Insurer: PACIFIC & ORIENT INSURANCE CO. BERHAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 March 2025
Case Number
BI-A53KJ-60-11/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Motor Accident / Personal Injury / Judgment After Full Trial
Outcome
Judgment for the Plaintiff; First Defendant 100% liable; Third Defendant's allegation of fraud dismissed; damages awarded for loss of earnings for four months.
Legal Topics
Liability, Quantum of Damages, Insurance Fraud, Evidence Presumptions
Source Language
Malay/English
Motor Accident Personal Injury Insurance Law Evidence Law Liability Quantum of Damages Insurance Fraud Evidence Presumptions

Case Brief

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Parties

ABDUL GHANI MOHD NOR

Plaintiff

MOHAMAD HAIZIR ASRAF MOHAMAD TARMIZI

First Defendant

EMBI MOHD RIDZUAN MAT HUSSIN

Second Defendant

PACIFIC & ORIENT INSURANCE CO. BERHAD

Third Defendant / Insurer

Procedural Posture

Civil Motor Accident / Personal Injury / Judgment After Full Trial

Legal Issues

  1. 1 Whether the plaintiff and the first defendant were involved in the collision or the plaintiff's vehicle skidded
  2. 2 Whether there was fraud by the plaintiff in the insurance claim
  3. 3 Appropriate quantum for loss of earnings

Ratio Decidendi

On the balance of probabilities the plaintiff proved the collision between his car and the first defendant's motorcycle; the first defendant is 100% liable; the third defendant failed to prove fraud; loss of earnings award limited to four months based on medical and employment evidence.

Court Disposition

Judgment for the Plaintiff; First Defendant 100% liable; Third Defendant's allegation of fraud dismissed; damages awarded for loss of earnings for four months.

Orders

  • Judgment entered for the Plaintiff against the First Defendant; First Defendant held 100% liable.
  • Third Defendant (insurer) failed to prove fraud; plea of fraud dismissed.