19 Feb 2021
Neelavan a/l Viswanathen 1. Baramytasam a/l Karukanan 2. Karunakanan a/l V. Raman 3. Pacific & Orient Insurance Co. Berhad
- Citation
- BA-11B-3-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-11B-3-01/2020 (Mahkamah Tinggi)
On the balance of probabilities the High Court, placing itself in the same position as the Sessions Court Judge, concluded no collision occurred between WXY 2474 and WEG 572 and therefore the 1st Defendant was not negligent; the Sessions Court's factual findings were rational, supported by inconsistencies in police reports and witness evidence, retraction and statutory declaration, absence of contemporaneous damage evidence and relevant presumptions under the Evidence Act 1950, and accordingly the appellate court must affirm the trial decision.