19 Jun 2024
KALIMUTHU A/L GOVANASAMY 1. ) ABDUL HADI BIN ABDULLAH 2. ) MOHAMAD RODZI BIN SAKOOR
- Citation
- JA-A53KJ-667-10/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-A53KJ-667-10/2022 (Mahkamah Sesyen)
On the balance of probabilities the plaintiff's version was inherently more probable because mute evidence (skid/seretan marks and pattern of vehicle damage) showed impact occurred when defendant's motorcycle was on the emergency lane and likely already fallen; defendant's oral account was inconsistent. Plaintiff proved employer documents under s73A(2) and medical evidence established severe permanent injuries. Accordingly defendant first was negligent; liability apportioned 90% to defendant and 10% contributory negligence to plaintiff; documents admitted and damages and costs awarded as asse…