19 Aug 2022
FAIRUZ IZWAN BIN OSMAN 1. ) JATINLI BIN MAJINTANG 2. ) KETUA POLIS NEGARA 3. ) KERAJAAN MALAYSIA
- Citation
- BK-A53KJ-24-01/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK-A53KJ-24-01/2022 (Mahkamah Sesyen)
On balance of probabilities the first defendant's version was inherently more probable than the plaintiff's version (consistent traffic light operation evidence, vehicle damage patterns, corroborating IO and witnesses); plaintiff failed to discharge the burden of proving defendant's negligence and the plaintiff's witness list omitted a material independent witness (Vijayan) such that an adverse inference under s.114(g) was drawn; accordingly plaintiff's negligence claim was dismissed and defendants' counterclaim for repair costs succeeded.