4 Feb 2025
PACIFIC & ORIENT INSURANCE CO. BHD 1. ) Mohd Aminizam bin Zainal Abidin 2. ) Azura Binti Md Nor 3. ) Ahmad Mustaqim bin Md Nor
- Citation
- BA-12B-11-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-11-02/2023 (Mahkamah Tinggi)
The Sessions Court’s finding that the 2nd Defendant was 100% liable was set aside because the Plaintiff failed to prove on a balance of probabilities that a collision caused by the 2nd Defendant’s negligence occurred; the evidence was equivocal, contemporaneous records and forensic indicators were lacking, alternative explanations (skid on slippery road) were credible, and the trial judge misapplied res ipsa loquitur and did not properly evaluate the totality of evidence. The fraud counterclaim lacked sufficient circumstantial proof and was correctly dismissed.