MOHAMAD ADAM BIN ISMAIL 1.NORAZURA BINTI YAAKOB 2.MOHD AZROL BIN IBRAHIM

MOHAMAD ADAM BIN ISMAIL 1.NORAZURA BINTI YAAKOB 2.MOHD AZROL BIN IBRAHIM

On the evidence (police sketch, photographs, damage patterns and witness testimony) the defendant's version was found more inherently probable; both parties were negligent but the plaintiff's negligence was greater. The magistrate's finding that the defendants were 100% liable was set aside and liability apportioned 70% to the plaintiff and 30% to the defendants.

Citation
KA-11BNCVC-16-09/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohamad Adam bin Ismail; Respondent/defendant: Norazura binti Yaakob; Respondent/defendant: Mohd Azrol bin Rahim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 December 2020
Case Number
KA-11BNCVC-16-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident) / High Court Appeal on Liability (hearing Concluded)
Outcome
Appeal allowed in part; magistrate's finding on liability set aside and liability re-apportioned.
Legal Topics
Apportionment of Liability, Evaluation of Conflicting Witness Accounts, Use of Documentary Evidence (sketches, Photographs)
Source Language
Malay/English
Tort Negligence Motor Vehicle Accident Personal Injury Civil Procedure Apportionment of Liability Evaluation of Conflicting Witness Accounts Use of Documentary Evidence (sketches, Photographs)

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Parties

Mohamad Adam bin Ismail

Appellant/plaintiff

Norazura binti Yaakob

Respondent/defendant

Mohd Azrol bin Rahim

Respondent/defendant

Procedural Posture

Civil Appeal (motor Vehicle Accident) / High Court Appeal on Liability (hearing Concluded)

Legal Issues

  1. 1 Who is liable for the motorbike collision
  2. 2 Apportionment of contributory negligence between parties

Ratio Decidendi

On the evidence (police sketch, photographs, damage patterns and witness testimony) the defendant's version was found more inherently probable; both parties were negligent but the plaintiff's negligence was greater. The magistrate's finding that the defendants were 100% liable was set aside and liability apportioned 70% to the plaintiff and 30% to the defendants.

Court Disposition

Appeal allowed in part; magistrate's finding on liability set aside and liability re-apportioned.

Orders

  • Magistrate's finding that the defendants were 100% liable is set aside.
  • Liability apportioned: plaintiff 70% and defendants 30%.