1. ) James a/l George 2. ) Satiah Seelan a/l Givakumar Anthony A/l Rayappan (Wakil Peribadi Kepada Harta Pusaka Si Mati Jezreel Emmanuel A/l Maria Soosay [No. K/p: 941121-01-6127])

1. ) James a/l George 2. ) Satiah Seelan a/l Givakumar Anthony A/l Rayappan (Wakil Peribadi Kepada Harta Pusaka Si Mati Jezreel Emmanuel A/l Maria Soosay [No. K/p: 941121-01-6127])

On the balance of probabilities the deceased rider was the primary cause of the collision by entering the plaintiffs' lane; plaintiffs did not contribute to the negligence; defendant (as personal representative of deceased) is 100% liable. Plaintiffs entitled to the quantified special and general damages as awarded,...

Source-derived case information.

Citation
JA-A53KJ-581-09/2021 (Mahkamah Sesyen)
Parties
Plaintiff: James a/l George; Plaintiff: Satiah Seelan a/l Givakumar; Defendant: Anthony a/l Rayappan (Personal Representative of the Estate of Jazreel Emmanuel a/l Maria Soosay)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 November 2022
Case Number
JA-A53KJ-581-09/2021 (Mahkamah Sesyen)
Procedural Posture
Tort Negligence (motor Vehicle Accident) / Judgment After Full Trial (after Hearing of Witnesses)
Outcome
Plaintiffs' claims allowed. Defendant (personal representative) 100% liable. Defendant's counterclaim, set-off and indemnity claims dismissed. Costs to plaintiffs.
Legal Topics
Negligence, Liability, Damages, Contributory Negligence, Interest, Costs
Tort Personal Injury Motor Vehicles Civil Procedure Negligence Liability Damages Contributory Negligence +2 more

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Parties

James a/l George

Plaintiff

Satiah Seelan a/l Givakumar

Plaintiff

Anthony a/l Rayappan (Personal Representative of the Estate of Jazreel Emmanuel a/l Maria Soosay)

Defendant

Procedural Posture

Tort Negligence (motor Vehicle Accident) / Judgment After Full Trial (after Hearing of Witnesses)

  1. 1 Whether defendant (through deceased rider) was negligent and liable for the collision
  2. 2 Whether plaintiffs contributed to the negligence (contributory negligence)
  3. 3 Appropriate quantum of special and general damages and interest

Ratio Decidendi

On the balance of probabilities the deceased rider was the primary cause of the collision by entering the plaintiffs' lane; plaintiffs did not contribute to the negligence; defendant (as personal representative of deceased) is 100% liable. Plaintiffs entitled to the quantified special and general damages as awarded, interest as ordered and costs. Defendant's counterclaims and set-off dismissed.

Court Disposition

Plaintiffs' claims allowed. Defendant (personal representative) 100% liable. Defendant's counterclaim, set-off and indemnity claims dismissed. Costs to plaintiffs.

Orders

  • Defendant to pay Plaintiff 1 special damages RM142,910.92
  • Defendant to pay Plaintiff 1 general damages RM145,000.00