25 Oct 2023
1. ) YUSOF BIN PUTEH 2. ) FAIZAH BINTI ISMAIL KELSOM BINTI MOHAMAD
- Citation
- TA-B53KJ-4-02/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- TA-B53KJ-4-02/2021 (Mahkamah Sesyen)
On the balance of probabilities the photographic and physical 'silent evidence' (damage patterns and tree impact) supported the Plaintiffs' version that Defendant crossed into Plaintiffs' lane; Defendant was 100% liable. The prosthesis claim was allowed but limited to a reasonable and available option (Defendant's quotation) with a 1/3 contingency deduction, producing an award of RM176,036.00, because there was no expert evidence proving the SOCSO prosthesis was unsuitable and the court must avoid awarding an extravagant device without justification.