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-6-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-12B-6-09/2019 (Mahkamah Tinggi)
On the totality of evidence including the sketch plan and photographs the Plaintiff's version was inherently more probable; the 1st Defendant exited/encroached from the RnR feeder lane and bore primary fault; liability was apportioned 80% to the 1st Defendant (2nd Defendant vicariously liable), 10% to the 3rd Defendant (4th vicariously liable) for failing to stop, and 10% contributory by the Plaintiff; the Sessions Court's assessment of quantum and interest was correct and is affirmed.