Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Overtaking rules

Legal area

Court

3 Feb 2023

1. ) MOHAMAD NURSHARILHAFIS BIN MD SHARIP 2. ) MUHAMMAD NAJMI BIN AZHAR YEOH LOOK MENG

Citation

AA-A53KJ-391-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A53KJ-391-10/2020 (Mahkamah Sesyen)

Court found plaintiffs failed to prove on the balance of probabilities that defendant's conduct caused the accident; witnesses for plaintiffs were inconsistent, physical damage and investigator's findings supported defendant's version that the plaintiff struck defendant from behind; accordingly liability was not established against defendant and plaintiffs' claim is dismissed with costs.
4 Nov 2020

AKMAL RAFI BIN ANIFAH (No. K/P: 850530-08-5883) 1. ) MOHD SHAFFIE BIN MOHAMED YUSOF (No. K/P: 740808-08-5435) 2. ) KERAJAAN MALAYSIA

Citation

AA-A73KJ-39-01/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-A73KJ-39-01/2020 (Mahkamah Majistret)

On the balance of probabilities the defendant's version was more probable: the motorjip had signalled and stopped to turn and the plaintiff overtook on the right at speed, failed to keep a proper lookout and a safe distance, and therefore the plaintiff was negligent; accordingly liability was attributed to the plaintiff and the court awarded or assessed damages and costs consistent with findings and evidence.