22 Feb 2021
1. CHANDRAMOGAN A/L MANOGARAN 2. LIAN HOE TRANSPORT SERVICE SDN. BHD. (COMPANY NO.: 438099-W) 1. KONG WAI SENG 2. HAIRUDDIN BIN KASIM 3. TRIUMPH ALLIANCE SDN. BHD. (COMPANY NO.: 522986-X)
- Citation
- JB-12B-5-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-12B-5-09/2019 (Mahkamah Tinggi)
On the totality of evidence including the sketch plan and photographs as silent witnesses and assessment of probabilities, the plaintiff's version was accepted as inherently more probable; the 1st defendant (and his employer) was primarily at fault for encroaching from the feeder/exiting lane and bears 80% liability, the 3rd defendant bears 10% for failing to stop and avoid the already disabled vehicle (and his employer vicariously liable), and the plaintiff was 10% contributorily negligent; the Sessions Court quantum was upheld and interest affirmed.