22 Oct 2021
1. SHAWAL BIN MARSOM 2. SITI ARUMI BINTI ASNGAD 3. NUR FADHIAH QISTINA BINTI SHAWAL 4. JASTINA YANTI BINTI MD SARDI 1.MOHAMAD ZAKI BIN MOHD RADZI 2.PACIFIC & ORIENT CO. SDN BHD
- Citation
- BL-12B-4-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12B-4-01/2021 (Mahkamah Tinggi)
The Sessions Court's apportionment (30:70) was set aside because the appellate court found a serious misapprehension and insufficient judicial appreciation of the evidence: the IO's investigation was unreliable, police reports were inconsistent, there was no direct or reliable evidence linking the 1st Defendant to the collision as pleaded, and therefore the plaintiffs failed to discharge the burden of proof; appellants' appeals allowed and plaintiffs' claim dismissed.