MUHAMMAD SAIFUL SUFFIAN BIN ZULKAFLI 1. ) MOHAMED RAZIF BIN HASHIM 2. ) PRASARANA MALAYSIA BERHAD

MUHAMMAD SAIFUL SUFFIAN BIN ZULKAFLI 1. ) MOHAMED RAZIF BIN HASHIM 2. ) PRASARANA MALAYSIA BERHAD

On the balance of probabilities the 1st defendant was negligent by using the far-left lane to perform an illegal U-turn and stopping, obstructing the plaintiff who had the right of way; plaintiff contributorily negligent (10%) for following closely/possible high speed; defendants held 90% liable; on 100% liability general damages RM111,000 and special damages RM1,569,248 awarded; interest and costs to follow.

Citation
BI-A53KJ-87-03/2019 (Mahkamah Sesyen)
Parties
Plaintiff: MUHAMMAD SAIFUL SUFFIAN BIN ZULKAFLI; 1st Defendant: MOHAMED RAZIF BIN HASHIM; 2nd Defendant (registered Owner): PRASARANA MALAYSIA BERHAD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 January 2020
Case Number
BI-A53KJ-87-03/2019 (Mahkamah Sesyen)
Procedural Posture
Civil Personal Injury (motor Vehicle Accident) / Judgment (sessions Court Grounds of Judgment)
Outcome
Court finds defendants 90% liable and plaintiff 10% contributorily negligent; judgment for plaintiff for damages with interest and costs.
Legal Topics
Liability Apportionment, Contributory Negligence, Quantum of General Damages, Quantum of Special Damages, Prosthetic Costs, Evidence and Burden of Proof
Source Language
Malay/English
Tort Negligence Motor Vehicle Law Damages Law Road Traffic Regulations Liability Apportionment Contributory Negligence Quantum of General Damages +3 more

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Parties

MUHAMMAD SAIFUL SUFFIAN BIN ZULKAFLI

Plaintiff

MOHAMED RAZIF BIN HASHIM

1st Defendant

PRASARANA MALAYSIA BERHAD

2nd Defendant (registered Owner)

Procedural Posture

Civil Personal Injury (motor Vehicle Accident) / Judgment (sessions Court Grounds of Judgment)

Legal Issues

  1. 1 Whether the 1st defendant's negligence caused the accident and apportionment of liability between parties
  2. 2 If liability found, what quantum of general and special damages should be awarded and whether claimed special items are proven

Ratio Decidendi

On the balance of probabilities the 1st defendant was negligent by using the far-left lane to perform an illegal U-turn and stopping, obstructing the plaintiff who had the right of way; plaintiff contributorily negligent (10%) for following closely/possible high speed; defendants held 90% liable; on 100% liability general damages RM111,000 and special damages RM1,569,248 awarded; interest and costs to follow.

Court Disposition

Court finds defendants 90% liable and plaintiff 10% contributorily negligent; judgment for plaintiff for damages with interest and costs.

Orders

  • Award general damages RM111000.00 to the plaintiff (on 100% liability)
  • Award special damages RM1569248.00 to the plaintiff (on 100% liability)