25 Aug 2020
MOHD FARID BIN OTHMAN FADILAH BINTI ZAKARIA
- Citation
- WA-B53KJ-35-09/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-B53KJ-35-09/2019 (Mahkamah Sesyen)
There was no independent eyewitness or scene evidence to prove defendant changed lanes into the plaintiff; vehicle damage and injury patterns were consistent with a side-swipe while both vehicles travelled same direction but did not establish sole fault by either party; investigating officer's finding is not conclusive. Accordingly, applying the principle that where fault cannot be allocated the court may apportion equally, liability is apportioned 50:50. Quantum awarded on assessed injuries and proven special items; certain future private treatment reduced to one-third as no justification fo…