FAIRUZ IZWAN BIN OSMAN 1. ) JATINLI BIN MAJINTANG 2. ) KETUA POLIS NEGARA 3. ) KERAJAAN MALAYSIA

FAIRUZ IZWAN BIN OSMAN 1. ) JATINLI BIN MAJINTANG 2. ) KETUA POLIS NEGARA 3. ) KERAJAAN MALAYSIA

On balance of probabilities the first defendant's version was inherently more probable than the plaintiff's version (consistent traffic light operation evidence, vehicle damage patterns, corroborating IO and witnesses); plaintiff failed to discharge the burden of proving defendant's negligence and the plaintiff's witness list omitted a material independent witness (Vijayan) such that an adverse inference under s.114(g) was drawn; accordingly plaintiff's negligence claim was dismissed and defendants' counterclaim for repair costs succeeded.

Citation
BK-A53KJ-24-01/2022 (Mahkamah Sesyen)
Parties
PLAINTIFF: FAIRUZ IZWAN BIN OSMAN; FIRST DEFENDANT: JATINLI BIN MAJINTANG; SECOND DEFENDANT: KETUA POLIS NEGARA; THIRD DEFENDANT: KERAJAAN MALAYSIA
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 August 2022
Case Number
BK-A53KJ-24-01/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Negligence Motor Vehicle Collision / Trial Judgment at Sessions Court
Outcome
Plaintiff's claim dismissed; Defendants' counterclaim allowed
Legal Topics
Burden of Proof, Traffic Signals and Right of Way, Causation, Adverse Inference (s.114(g) Evidence Act), Assessment of Quantum, Future Medical Expenses, Public Authorities Protection Act S.2, Weight of Investigating Officer Evidence
Source Language
Malay/English
Tort Negligence Traffic Law Evidence Civil Procedure Damages Law Burden of Proof Traffic Signals and Right of Way +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 26 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

FAIRUZ IZWAN BIN OSMAN

PLAINTIFF

JATINLI BIN MAJINTANG

FIRST DEFENDANT

KETUA POLIS NEGARA

SECOND DEFENDANT

KERAJAAN MALAYSIA

THIRD DEFENDANT

Procedural Posture

Civil Negligence Motor Vehicle Collision / Trial Judgment at Sessions Court

Legal Issues

  1. 1 Whether plaintiff proved on balance that first defendant ran a red light and caused the accident
  2. 2 Whether the first defendant failed to take precautionary measures (braking, signalling, slowing)
  3. 3 Whether plaintiff contributed to the accident (contributory negligence)

Ratio Decidendi

On balance of probabilities the first defendant's version was inherently more probable than the plaintiff's version (consistent traffic light operation evidence, vehicle damage patterns, corroborating IO and witnesses); plaintiff failed to discharge the burden of proving defendant's negligence and the plaintiff's witness list omitted a material independent witness (Vijayan) such that an adverse inference under s.114(g) was drawn; accordingly plaintiff's negligence claim was dismissed and defendants' counterclaim for repair costs succeeded.

Court Disposition

Plaintiff's claim dismissed; Defendants' counterclaim allowed

Orders

  • Note: judgment text contains detailed assessment of plaintiff's damages and awards (general damages RM236500.00; special damages RM150072.50; hearing aids RM112748.00; physiotherapy RM7200.00; loss of earning capacity RM25000.00) but primary dispositive order dismissed plaintiff's claim