Am General Insurance Berhad 1. ) Pemandu Kenderaan Bermotor Xiii Nam 483 2. ) Yogeswaran A/L Ramasamy

Am General Insurance Berhad 1. ) Pemandu Kenderaan Bermotor Xiii Nam 483 2. ) Yogeswaran A/L Ramasamy

The High Court allowed the appellants' appeals, set aside the Sessions Court's judgment on liability because it rested on inadmissible disputed documents and an insufficient causal link based solely on a number plate found hours later, and ordered a full retrial before the same Sessions Court judge; the court emphasized that retrial arrangements and any amendment to sealed orders must follow due process and that administrative channels cannot be used to alter judicial orders.

Citation
BA-12B-31-02/2019 (Mahkamah Tinggi)
Parties
Appellant (ba 12 B 29 02/2019): SURESH A/L K. YALLOMALAI; Respondent (ba 12 B 29 02/2019; 2nd Respondent in BA 12 B 31 02/2019): YOGESWARAN A/L RAMASAMY; Appellant (ba 12 B 31 02/2019): AM GENERAL INSURANCE BERHAD; 1st Respondent (ba 12 B 31 02/2019): PEMANDU KENDERAAN BERMOTOR XIII NAM 483; 3rd Respondent (ba 12 B 31 02/2019): SURESH A/L K. YALLOMALAI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2021
Case Number
BA-12B-31-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Personal Injury) / High Court Appeal Decided; Sessions Court Judgment Set Aside and Remitted for Retrial
Outcome
Appeals allowed; Sessions Court judgment on liability set aside; case remitted for full retrial before the same Sessions Court Judge; costs below and herein to be costs in the cause of the retrial
Legal Topics
Hit and Run, Re Trial, Amendment of Pleadings, Admissibility of Documents, Functus Officio, Judicial Independence, Leave to Appeal Out of Time
Source Language
Malay/English
Civil Procedure Tort (negligence/motor Vehicle) Evidence Insurance Law Judicial Administration Hit and Run Re Trial Amendment of Pleadings +4 more

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Parties

SURESH A/L K. YALLOMALAI

Appellant (ba 12 B 29 02/2019)

YOGESWARAN A/L RAMASAMY

Respondent (ba 12 B 29 02/2019; 2nd Respondent in BA 12 B 31 02/2019)

AM GENERAL INSURANCE BERHAD

Appellant (ba 12 B 31 02/2019)

PEMANDU KENDERAAN BERMOTOR XIII NAM 483

1st Respondent (ba 12 B 31 02/2019)

SURESH A/L K. YALLOMALAI

3rd Respondent (ba 12 B 31 02/2019)

Procedural Posture

Civil Appeal (motor Vehicle Personal Injury) / High Court Appeal Decided; Sessions Court Judgment Set Aside and Remitted for Retrial

Legal Issues

  1. 1 Whether the Sessions Court erred in principle by relying on disputed and unmarked documents
  2. 2 Whether the finding of liability based solely on a number plate found hours later establishes causal link on balance of probabilities
  3. 3 Whether the late amendment to the pleadings justified a retrial or required further opportunity for defendants to recall witnesses

Ratio Decidendi

The High Court allowed the appellants' appeals, set aside the Sessions Court's judgment on liability because it rested on inadmissible disputed documents and an insufficient causal link based solely on a number plate found hours later, and ordered a full retrial before the same Sessions Court judge; the court emphasized that retrial arrangements and any amendment to sealed orders must follow due process and that administrative channels cannot be used to alter judicial orders.

Court Disposition

Appeals allowed; Sessions Court judgment on liability set aside; case remitted for full retrial before the same Sessions Court Judge; costs below and herein to be costs in the cause of the retrial

Orders

  • Appeals in BA-12B-29-02/2019 and BA-12B-31-02/2019 allowed and Sessions Court decision set aside
  • A full retrial ordered to be conducted before the same Sessions Court Judge