30 Jun 2025
1. ) ABU TALIB BIN NOZIRAHMAD 2. ) BOO SHIN BINTE ADU ROSHID 1. ) KAST CONSTRUCTION SDN BHD 2. ) MUHAMMAD YASSIN SHAFIK BIN SARIF
- Citation
- BL-A53KJ-385-10/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-A53KJ-385-10/2022 (Mahkamah Sesyen)
On the balance of probabilities the evidence (neutral investigating officer's findings, corroborating Chemist's Report, sketch plan and photographs, and the pattern of vehicle damage and injuries) established the Defendants' version (lateral intrusion by cyclist) as more probable than the Plaintiffs' rear-end theory; Plaintiffs also failed to prove dependency and quantum due to absence of direct testimony from Plaintiffs and the alleged remittance agent, unreliable/unproved salary voucher and hearsay, therefore claims are dismissed with costs.