5 Nov 2019
LEE CHEE KUAN 1. YOGESWARAN A/L SINNAIAH 2. SINNAIAH A/L SUBBIAH
- Citation
- JA-12B-117-12/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-117-12/2018 (Mahkamah Tinggi)
A rider who rides without a valid licence and without insurance is acting unlawfully and, as a matter of public policy and equity, is precluded from claiming against another road user; the rider (Respondent 1) is 100% liable for the collision. A pillion passenger who knowingly rides with an unlicensed rider bears liability in respect of that rider (and cannot claim against the third-party appellant); exceptions exist only for recognized emergencies. Payment of a traffic summons constitutes an admission that prevents subsequent prosecution for the same offence (double jeopardy protection).