20 Nov 2024
CHEAH YOOI KWAN 1. ) LEE MUN WAI 2. ) Chang Soow Beng PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD
- Citation
- BI-A53KJ-341-11/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BI-A53KJ-341-11/2020 (Mahkamah Sesyen)
On the balance of probabilities the court found First and Second Defendants 100% liable for striking the plaintiff; the First Defendant's police report contained admissions and was admissible; adverse inferences under s114(g) Evidence Act 1950 were properly drawn from defendants' failure to call the rider and to produce coordinator report or full insurance policy; Third Defendant failed to prove fraud and failed to produce the policy to avoid liability; accordingly Third Defendant is liable under the Road Transport Act 1987 to compensate the plaintiff; damages totalling RM112,094.00 awarded t…