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.