26 Mar 2023
1. ) MOHD AZAM BIN ESA @ ZAWAWI 2. ) NOR HASNIDA BINTI HASHIM 1. ) SYED BADRUL HISYAM BIN SYED KADAR 2. ) Syed Badrul Hisham Bin Syed Kadar (Sebagai Wakil Diri Kepada Simati Syed Kadar Bin Syed Salam) 3. ) LIBERTY INSURANCE BERHAD
- Citation
- DA-12B-27-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-27-07/2022 (Mahkamah Tinggi)
On the balance of probabilities the High Court correctly found the accident occurred and involvement of the other motorcycle was sufficiently established by police investigation documents and witness evidence; Defendant 3 failed to discharge its burden to prove fraud or collusion. However, the trial judge erred in failing to properly consider medical evidence and compendium authorities on quantum for certain heads of future care and injuries, warranting adjustment of awards for brain injury, spastic quadriparesis and specified future care items; costs awarded against Defendant 3.