15 Feb 2024
MUHAMMAD FADLY BIN JAAFAR 1. ) KURNIADI BIN SAHARAN 2. ) SOUTHERN FORWARDTRAN SDN BHD
- Citation
- JA-B53KJ-44-06/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-B53KJ-44-06/2020 (Mahkamah Sesyen)
CCTV evidence copied by the investigating officer was admissible and, on the balance of probabilities, established that the lorry had moved into the junction mouth and struck the motorcycle; both parties were negligent but the plaintiff bore a greater share of responsibility (70%) for placing himself in a dangerous position by being alongside the lorry at the mouth of the junction. Consequently defendant 1 was 30% liable. The court awarded compensatory damages for amputation, approved a reasonably priced hydraulic prosthesis proposed by defendant (with a one-third contingency deduction), and…