20 Mar 2024
NURUL HASRINA BINTI ADNAN 1. ) AZIZUL BIN ISMAIL 2. ) CCY TRANSPORT AGENCY PIHAK KETIGA Nurrin Jhazlina
- Citation
- CA-A53KJ-236-10/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- CA-A53KJ-236-10/2021 (Mahkamah Sesyen)
On the balance of probabilities the accident resulted from a combination of both parties' failings: defendant 1 (driver) was primarily negligent for failing to observe and control his vehicle (70%) and the motorcycle rider contributed (30%) by emerging into the main carriageway; plaintiff as an innocent pillion is entitled to full compensatory damages, including a significant award for prosthetic needs; defendants 1 and 2 are jointly and severally liable to the plaintiff but defendant 1 has a 70% liability share and may claim contribution from the third party for 30%.