KAMARIAH BINTI ALI 1. ) MASLIZA BINTI MOHAMED 2. ) MOHD SAHABUDDIN BIN MOHAMED 3. ) TOKIO MARINE INSURANS (M) BERHAD

KAMARIAH BINTI ALI 1. ) MASLIZA BINTI MOHAMED 2. ) MOHD SAHABUDDIN BIN MOHAMED 3. ) TOKIO MARINE INSURANS (M) BERHAD

Defendant first was 100% negligent for exiting a minor road into a major road without ensuring it was safe; his sworn trial admission and amended pleading that he rode uninsured PBT 1314 were accepted as credible, plaintiff failed to prove MAH 5021 was involved, therefore owner and insurer (defendant2 and defendant3) are not liable.

Citation
DA-12B-27-08/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Kamariah binti Ali; Respondent/defendant: Masliza binti Mohamed; Respondent/defendant: Mohd Sahabuddin bin Mohamed; Respondent/defendant: Tokio Marine Insurans (M) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 February 2025
Case Number
DA-12B-27-08/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (road Traffic / Personal Injury) / High Court Appeal on Liability Only (from Sessions Court)
Outcome
Appeal allowed in part: liability of defendant1 established at 100%; claims against defendant2 (registered owner) and defendant3 (insurer) dismissed; Sessions Court decision as to defendants 2 and 3 upheld and decision as to defendant1 overturned.
Legal Topics
Negligence, Liability, Judicial Admission, Probative Value of Investigation Reports, Burden of Proof, Costs
Source Language
Malay/English
Tort Road Traffic Law Insurance Law Civil Procedure Evidence Negligence Liability Judicial Admission +3 more

Case Brief

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Parties

Kamariah binti Ali

Appellant/plaintiff

Masliza binti Mohamed

Respondent/defendant

Mohd Sahabuddin bin Mohamed

Respondent/defendant

Tokio Marine Insurans (M) Berhad

Respondent/defendant

Procedural Posture

Civil Appeal (road Traffic / Personal Injury) / High Court Appeal on Liability Only (from Sessions Court)

Legal Issues

  1. 1 Which motorcycle was ridden by defendant first at the time of collision (MAH 5021 or PBT 1314)?
  2. 2 Whether defendant first is liable for the collision as a matter of negligence for entering a major road from a minor road
  3. 3 Whether plaintiff established involvement of the insured vehicle (MAH 5021) to hold owner and insurer liable

Ratio Decidendi

Defendant first was 100% negligent for exiting a minor road into a major road without ensuring it was safe; his sworn trial admission and amended pleading that he rode uninsured PBT 1314 were accepted as credible, plaintiff failed to prove MAH 5021 was involved, therefore owner and insurer (defendant2 and defendant3) are not liable.

Court Disposition

Appeal allowed in part: liability of defendant1 established at 100%; claims against defendant2 (registered owner) and defendant3 (insurer) dismissed; Sessions Court decision as to defendants 2 and 3 upheld and decision as to defendant1 overturned.

Orders

  • Defendant first (Masliza binti Mohamed) held 100% liable for the accident
  • Claim against defendant second (Mohd Sahabuddin bin Mohamed) dismissed