TAN SENG HIN 1. ) NGUYEN THI HANG 2. ) NG SING HEAD

TAN SENG HIN 1. ) NGUYEN THI HANG 2. ) NG SING HEAD

On the balance of probabilities the court accepted the Plaintiff’s consistent contemporaneous accounts and eyewitness corroboration, found the First Defendant’s accounts inconsistent and less probable, held the First Defendant negligent and the Defendants vicariously liable (100% liability), found no contributory negligence by the Plaintiff, and awarded general and special damages together with interest and costs as specified.

Citation
BL-A53KJ-256-06/2024 (Mahkamah Sesyen)
Parties
Plaintiff: Tan Seng Hin; First Defendant: Nguyen Thi Hang; Second Defendant: Ng Sing Head
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 October 2025
Case Number
BL-A53KJ-256-06/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Suit Tort (personal Injury/negligence) / Judgment (grounds of Judgment Delivered)
Outcome
Claim allowed. Judgment for Plaintiff against the Defendants. Defendants 100% liable.
Legal Topics
Liability, Quantum, Contributory Negligence, Burden of Proof, Assessment of Expert Evidence, Damages and Interest, Costs
Source Language
Malay/English
Tort Personal Injury Negligence Evidence Procedural Law Liability Quantum Contributory Negligence +4 more

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Parties

Tan Seng Hin

Plaintiff

Nguyen Thi Hang

First Defendant

Ng Sing Head

Second Defendant

Procedural Posture

Civil Suit Tort (personal Injury/negligence) / Judgment (grounds of Judgment Delivered)

Legal Issues

  1. 1 Whether the accident was caused by the negligence of the First Defendant
  2. 2 Whether the Plaintiff was contributorily negligent
  3. 3 Apportionment of liability

Ratio Decidendi

On the balance of probabilities the court accepted the Plaintiff’s consistent contemporaneous accounts and eyewitness corroboration, found the First Defendant’s accounts inconsistent and less probable, held the First Defendant negligent and the Defendants vicariously liable (100% liability), found no contributory negligence by the Plaintiff, and awarded general and special damages together with interest and costs as specified.

Court Disposition

Claim allowed. Judgment for Plaintiff against the Defendants. Defendants 100% liable.

Orders

  • Plaintiff awarded general and special damages totalling RM307,744.43
  • Interest: 5% per annum on general damages from service of writ to date of decision; 2.5% per annum on special damages from date of accident to date of decision (no interest for future treatments); 5% per annum on all damages from date of decision until full settlement