10 Oct 2024
PARTHIBA KUMAR A/L SUBRAMANIAM AMIRUDDIN BIN BIDEN
- Citation
- JA-A53KJ-419-07/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-A53KJ-419-07/2023 (Mahkamah Sesyen)
Plaintiff failed to discharge the burden of proving defendant's negligence on the balance of probabilities because the only oral evidence establishing the collision was the investigating officer (SP1) whose testimony was inconclusive on critical facts (signal colours) and the plaintiff did not give evidence; payment of a summons is not conclusive proof of liability; special damages were not strictly proved. Therefore the plaintiff's claim is dismissed with costs.