14 Apr 2022
1. ) SIVANYANAM A/L GAHASAN 2. ) LEEBOH TRADING & TRANSPORT SDN BHD NURSAFARINA BINTI AHMAD
- Citation
- BA-12B-29-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-29-08/2021 (Mahkamah Tinggi)
The trial judge materially misdirected himself by failing to properly consider unchallenged eyewitness SD2 and the investigating officer's findings; the deceased was primarily at fault for overtaking and failing to keep a lookout in the emergency lane, and the Defendants failed to prove they provided sufficient warning but bore only 25% liability while the Plaintiff (deceased's estate) bore 75% liability; appellate intervention was warranted to set aside the 50:50 apportionment.