26 Oct 2023
ZAHARAH BINTI ABDUL GHANI 1. ) Kerajaan Negeri Pahang 2. ) Jabatan Kerja Raya Negeri Pahang 3. ) YP MAINTENANCE SDN BHD
- Citation
- CA-A71KJ-2-04/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CA-A71KJ-2-04/2021 (Mahkamah Majistret)
On the balance of probabilities plaintiff failed to prove that road defects caused the accident; photographs produced by plaintiff were inadmissible secondary evidence not properly proved and contradicted by defendant investigations; the defendant's internal investigation evidence (SD1) and technical inspection records (though as ID) were accepted; plaintiff's six‑month delay in lodging police report undermined credibility. Consequently plaintiff wholly negligent (100%) and claim dismissed with costs.