28 Jun 2022
SURENDRAN A / L JAYA SEELAN 1. ) UMAR BIN ARDI 2. ) MOHD NAZRIN BIN NORAZMI
- Citation
- BK - A53KJ - 221 - 09 /2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK - A53KJ - 221 - 09 /2020 (Mahkamah Sesyen)
Faced with two irreconcilable, equally credible versions and absence of objective evidence (no debris, no brake marks, no independent witnesses, conflicting sketch markings), the court held both parties equally blameworthy and apportioned liability 50% to the plaintiff and 50% to the first defendant; quantum was assessed on a 100% basis then reduced for contributory negligence, with damages, interest and costs ordered as quantified in the judgment.