MUHAMMAD SHAFFIQ BIN MUSTAFA 1. ) TANG KIAN ANN 2. ) SEK KOK FHAI

MUHAMMAD SHAFFIQ BIN MUSTAFA 1. ) TANG KIAN ANN 2. ) SEK KOK FHAI

The court accepted the eyewitness SP1 as credible and the investigator SP3's findings; the Damani report D13 was inadmissible for probative purposes because its authors were not called and its contents constituted hearsay; on the balance of probabilities a collision occurred and the first defendant was negligent in changing lanes; the second defendant, as owner who authorized the driver, is vicariously liable 100%; quantum to be assessed separately.

Citation
WA-A53KJ-411-06/2016 (Mahkamah Sesyen)
Parties
Plaintiff: Muhammad Shaffiq bin Mustafa; First Defendant: Tang Kian Ann; Second Defendant: Sek Kok Fhai
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 September 2020
Case Number
WA-A53KJ-411-06/2016 (Mahkamah Sesyen)
Procedural Posture
Motor Vehicle Accident Negligence/personal Injury / Liability Determined by Trial Judgment; Remitted for Quantum Assessment
Outcome
Liability established for plaintiff; first defendant found negligent and second defendant vicariously liable for 100% of liability; matter remitted for assessment of quantum.
Legal Topics
Negligence, Vicarious Liability, Adverse Inference for Defaulting Defendant, Hearsay and Admissibility of Documents, Expert/coordinator Report Evidence
Source Language
Malay/English
Tort Motor Vehicle Law Insurance Law Evidence Law Negligence Vicarious Liability Adverse Inference for Defaulting Defendant Hearsay and Admissibility of Documents +1 more

Case Brief

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Parties

Muhammad Shaffiq bin Mustafa

Plaintiff

Tang Kian Ann

First Defendant

Sek Kok Fhai

Second Defendant

Procedural Posture

Motor Vehicle Accident Negligence/personal Injury / Liability Determined by Trial Judgment; Remitted for Quantum Assessment

Legal Issues

  1. 1 Whether a collision occurred between motorcycle ABP 5382 and car WRU 9763 on 27.7.2015
  2. 2 Whether the driver (first defendant) was negligent
  3. 3 Whether the owner (second defendant) is vicariously liable for the driver

Ratio Decidendi

The court accepted the eyewitness SP1 as credible and the investigator SP3's findings; the Damani report D13 was inadmissible for probative purposes because its authors were not called and its contents constituted hearsay; on the balance of probabilities a collision occurred and the first defendant was negligent in changing lanes; the second defendant, as owner who authorized the driver, is vicariously liable 100%; quantum to be assessed separately.

Court Disposition

Liability established for plaintiff; first defendant found negligent and second defendant vicariously liable for 100% of liability; matter remitted for assessment of quantum.

Orders

  • Judgment for plaintiff on liability against first and second defendants; defendants jointly and severally liable 100% for liability
  • Proceed to assessment of damages (quantum) by taksiran gantirugi unless parties reach agreement