MUHAMMAD AMIRUL ZAMIR BIN MOHAMED ZAHER D1) MOHD NUJAIMY BIN ROSLN D2) ROSLAN BIN MAN T/A ROSLAN BIN MAN

MUHAMMAD AMIRUL ZAMIR BIN MOHAMED ZAHER D1) MOHD NUJAIMY BIN ROSLN D2) ROSLAN BIN MAN T/A ROSLAN BIN MAN

Court found evidence insufficient to positively infer the traffic light on the plaintiff's approach was functioning/green at the moment of impact; even if light had been green plaintiff failed to exercise required caution when entering the main road; liability apportioned 75% to defendant and 25% to plaintiff; damages for specific injuries awarded as assessed and proven special damages for prosthesis limited to the mechanically suitable option with a contingency deduction plus allowance for prosthesis already purchased; interest and costs awarded as set out.

Citation
KA-A53KJ-224-09/2019 (Mahkamah Sesyen)
Parties
Plaintiff (minor): Muhammad Amirul Zamir bin Mohamad Zaher; Next Friend/guardian of Plaintiff: Wan Hasmiza binti Megat Jaafar; Defendant One (driver): Mohd Nujaimy bin Roslan; Defendant Two (owner): Roslan bin Man t/a Roslan bin Man
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 June 2020
Case Number
KA-A53KJ-224-09/2019 (Mahkamah Sesyen)
Procedural Posture
Motor Accident Personal Injury / Judgment (sesssion Court)
Outcome
Judgment for plaintiff in part; liability apportioned plaintiff 25% and defendant 75%; damages and interest awarded in favour of plaintiff
Legal Topics
Liability Apportionment, Traffic Signals, Evidentiary Weight of Investigation Officer, Expert Evidence on Prosthesis, Quantum Assessment, Contributory Negligence
Source Language
Malay/English
Tort Negligence Personal Injury Motor Accidents Damages Liability Apportionment Traffic Signals Evidentiary Weight of Investigation Officer +3 more

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Parties

Muhammad Amirul Zamir bin Mohamad Zaher

Plaintiff (minor)

Wan Hasmiza binti Megat Jaafar

Next Friend/guardian of Plaintiff

Mohd Nujaimy bin Roslan

Defendant One (driver)

Roslan bin Man t/a Roslan bin Man

Defendant Two (owner)

Procedural Posture

Motor Accident Personal Injury / Judgment (sesssion Court)

Legal Issues

  1. 1 Whether the traffic lights at the junction were functioning at time of accident
  2. 2 Whether defendant driver ran a red light and caused the collision
  3. 3 Whether plaintiff failed to take reasonable precautions when entering the junction

Ratio Decidendi

Court found evidence insufficient to positively infer the traffic light on the plaintiff's approach was functioning/green at the moment of impact; even if light had been green plaintiff failed to exercise required caution when entering the main road; liability apportioned 75% to defendant and 25% to plaintiff; damages for specific injuries awarded as assessed and proven special damages for prosthesis limited to the mechanically suitable option with a contingency deduction plus allowance for prosthesis already purchased; interest and costs awarded as set out.

Court Disposition

Judgment for plaintiff in part; liability apportioned plaintiff 25% and defendant 75%; damages and interest awarded in favour of plaintiff

Orders

  • Liability apportioned: plaintiff 25% and defendant 75%.
  • General damages (assessed on 100% liability): RM205,000.