28 Feb 2025
1. ) Thileepan Raj A/l Murthy 2. ) Thineshan A/l Veloo Murugan A/l Vadivaloo PENCELAH AMGENERAL INSURANCE BERHAD [ No. Syarikat: 0 ]
- Citation
- BI-A53KJ-156-06/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BI-A53KJ-156-06/2020 (Mahkamah Sesyen)
Court found on balance of probabilities that the defendant's car collided with the plaintiffs' motorcycle and that Defendant One is 100% liable; Defendant Two (insurer) failed to prove fraud. Findings based on plaintiffs' direct testimony, police investigation and documents, inconsistencies and weaknesses in defendants' evidence, and the failure of defendants to call the driver which engaged s.114(g) Evidence Act to support plaintiffs' account.