ASHOK KUMAR MUTHU RAMAN 1. ) KANNAN A/L SALWOM 2. ) PUVANASWARAN A/L MUNUSAMY PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

ASHOK KUMAR MUTHU RAMAN 1. ) KANNAN A/L SALWOM 2. ) PUVANASWARAN A/L MUNUSAMY PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

Plaintiff failed to prove on the balance of probabilities that Defendant 1's motorcycle caused his injuries: key witness evidence was inconsistent or hearsay and excluded, the independent medical history given to the treating doctor supported an alternative account (motorcyclist skidded), the police investigation was incomplete and did not conclusively link Defendant 1 to causing the injury; therefore liability was not established and the plaintiff's claim was dismissed.

Citation
BE-A73KJ-66-11/2021 (Mahkamah Majistret)
Parties
Plaintiff: Ashok Kumar Muthu Raman; Defendant 1: Kannan a/l Salwom; Defendant 2: Puvanaswaran a/l Munusamy; Defendant 3: Pacific & Orient Insurance Co. Berhad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 January 2024
Case Number
BE-A73KJ-66-11/2021 (Mahkamah Majistret)
Procedural Posture
Motor Accident / Personal Injury (negligence) / Judgment (reasons for Judgment)
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Causation, Burden of Proof, Hearsay and Admissibility, Fraud Allegation (standard of Proof), Assessment of Damages, Pleading Special Damages
Source Language
Malay/English
Tort Road Traffic Law Evidence Insurance Law Civil Procedure Negligence Causation Burden of Proof +4 more

Case Brief

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Parties

Ashok Kumar Muthu Raman

Plaintiff

Kannan a/l Salwom

Defendant 1

Puvanaswaran a/l Munusamy

Defendant 2

Pacific & Orient Insurance Co. Berhad

Defendant 3

Procedural Posture

Motor Accident / Personal Injury (negligence) / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the plaintiff proved on the balance of probabilities that Defendant 1's motorcycle struck him causing his injuries
  2. 2 Admissibility and weight of hearsay (police report) and credibility of witnesses
  3. 3 Whether allegation of fabricated/afterthought claim (fraud) was established on balance of probabilities

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities that Defendant 1's motorcycle caused his injuries: key witness evidence was inconsistent or hearsay and excluded, the independent medical history given to the treating doctor supported an alternative account (motorcyclist skidded), the police investigation was incomplete and did not conclusively link Defendant 1 to causing the injury; therefore liability was not established and the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Claim dismissed
  • Costs to be paid to the defendants by the plaintiff on the prescribed scale