16 Mar 2021
ANGELA DEWI A/P GANAI SANNACY 1. SIVARAJAH A/L KANDASAMY 2. SUBRAMANIAM A/L RENGASAMY 3. MALAYSIA MOTOR INSURANCE POOL (ADMINISTERED BY MMIP SERVICES SDN BHD) (NO. SYARIKAT : 727804-H)
- Citation
- BA-12B-94-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-94-10/2020 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court's factual findings that the plaintiff failed to prove on a balance of probabilities that the 1st defendant was responsible for the collision and that the plaintiff's injuries were caused by the alleged accident; the LSJ's preference for the 1st defendant's later denial, the recanted initial police report, statutory declaration, IO re-investigation, inconsistencies and delays in reporting, relationship between parties, and expert evidence of pre-existing degenerative conditions justified dismissal of the plaintiff's claim and allowing the defendants'…