1. JACKY GAN LIAN ZHUN 2. CY GOLDSMITH (COMPANY NO.: JM041524-A) 1. P RAVI A/L PONNUSAMY 2. WONG SIEW LING [The 1st & 2nd Respondents are lawful parents and dependencies of the Deceased SHANMUGAN A/L P RAVI] 3. SUNDARAVELAN A/L JOTHEE

1. JACKY GAN LIAN ZHUN 2. CY GOLDSMITH (COMPANY NO.: JM041524-A) 1. P RAVI A/L PONNUSAMY 2. WONG SIEW LING [The 1st & 2nd Respondents are lawful parents and dependencies of the Deceased SHANMUGAN A/L P RAVI] 3. SUNDARAVELAN A/L JOTHEE

The Sessions Court's finding that the defendant's car struck the motorcycle from behind is supported by independent 'silent witness' evidence (police sketch plan and photographs) showing rear impact and vehicle positions, eyewitness testimony corroborates that the car approached at higher velocity and failed to brake in time; therefore the 1st defendant was 100% liable and the 2nd defendant vicariously liable, and the appellate court will not overturn credibility-based findings absent being convinced they are plainly wrong.

Citation
JB-12BNCVC-9-09/2019 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Jacky Gan Lian Zhun; Appellant / Defendant: CY Goldsmith (Company No.: JM041524-A); Respondent / Plaintiff: P Ravi a/l Ponnusamy; Respondent / Plaintiff: Wong Siew Ling; Respondent / Plaintiff: Sundaravelan a/l Jothee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 May 2021
Case Number
JB-12BNCVC-9-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Liability and Quantum Arising From Fatal Road Traffic Accident / Judgment on Appeal (dismissed)
Outcome
Appeal dismissed; findings and decision of the Sessions Court affirmed; costs awarded to respondents.
Legal Topics
Right of Way, Overtaking, Vicarious Liability, Damages, Silent Witness, Assessment of Credibility
Source Language
Malay/English
Tort Motor Vehicle Accidents Negligence Road Traffic Law Right of Way Overtaking Vicarious Liability Damages +2 more

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Parties

Jacky Gan Lian Zhun

Appellant / Defendant

CY Goldsmith (Company No.: JM041524-A)

Appellant / Defendant

P Ravi a/l Ponnusamy

Respondent / Plaintiff

Wong Siew Ling

Respondent / Plaintiff

Sundaravelan a/l Jothee

Respondent / Plaintiff

Procedural Posture

Civil Appeal Against Liability and Quantum Arising From Fatal Road Traffic Accident / Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Who had right of way between the deceased motorcyclist and the defendant driver?
  2. 2 Whether documentary and police 'silent witness' evidence supports either version of events
  3. 3 Whether the Sessions Court erred in finding defendants 100% liable and in the assessment of quantum

Ratio Decidendi

The Sessions Court's finding that the defendant's car struck the motorcycle from behind is supported by independent 'silent witness' evidence (police sketch plan and photographs) showing rear impact and vehicle positions, eyewitness testimony corroborates that the car approached at higher velocity and failed to brake in time; therefore the 1st defendant was 100% liable and the 2nd defendant vicariously liable, and the appellate court will not overturn credibility-based findings absent being convinced they are plainly wrong.

Court Disposition

Appeal dismissed; findings and decision of the Sessions Court affirmed; costs awarded to respondents.

Orders

  • Appeal dismissed with costs
  • Findings and decision of the Sessions Court (1st Defendant 100% liable; 2nd Defendant vicariously liable) affirmed