2 Apr 2023
RAJA MOHAMAD ROSLY BIN RAJA SEMAIL 1. ) JAPAR BIN MUDA 2. ) ZAINUN BIN MOHAMAD 3. ) FIMIHAZLEN BINTI AWANG 4. ) NUR NABIHAH BINTI MOHD AZWANUDIN 5. ) MUHAMAD AISY FIRAS BIN MOHD AZWANUDIN 6. ) MUHAMMAD AISY AQIL BIN MOHD AZWANUDIN 7. ) HAMS
- Citation
- DA-12B-29-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-29-07/2022 (Mahkamah Tinggi)
On the facts the High Court affirmed the Sessions Court finding that both the deceased and the rider (Respondent 7) were negligent: the rider stopped suddenly due to running out of fuel and the deceased was following at an unsafe distance and likely travelling at speed. The appellant failed to rebut the prima facie ownership presumption and admitted he had given permission for Respondent 7 to ride the motorcycle, supporting liability against the appellant under agency/authority reasoning. The Sessions Court's assessment of dependency and quantum was based on credibility findings and documenta…