11 Dec 2022
1. ) SAAD BIN MAHMUD 2. ) TOMINI BINTI RAKIM 3. ) XXXX 1. ) MUHAMMAD SAIDI BIN JOHAINI 2. ) BATU TIGA QUARRY SDN BHD PIHAK KETIGA 1. ) KELANA BIN HUSEIN 2. ) YIYIBA ENTERPRISE SDN BHD
- Citation
- JA-A53KJ-1009-12/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-A53KJ-1009-12/2019 (Mahkamah Sesyen)
On the balance of probabilities the court found the stopped lorry at the slip/exit was stationary and the driver of that lorry failed to take adequate warning measures (cones/appropriate signals/notify highway patrol) and could have proceeded to a safer place; therefore the third parties (estate and associated company) were 80% negligent. The oncoming lorry driver (defendant) also failed to avoid collision in clear conditions and had available alternative lanes, thus 20% negligent. Plaintiffs proved loss of dependency and were awarded quantified damages accordingly.