4 Oct 2023
1. ) NAZIF BIN RIDHWANUDDIN 2. ) RIDHWANUDDIN BIN ABD KADIR 1. ) MALATHI A/P MUNISAMY 2. ) VISVABARATHI A/P MUNISAMY 3. ) AIA GENERAL BERHAD
- Citation
- AA-A53KJ-303-08/2018 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-A53KJ-303-08/2018 (Mahkamah Sesyen)
Plaintiffs failed to prove on the balance of probabilities that the defendants' vehicle struck the plaintiff's motorcycle; key evidence was unreliable or hearsay (SP4, 999 call information as relayed, inconsistent police investigation and photographs, and deficiencies in IO evidence). As plaintiffs did not discharge the burden, the claim is dismissed with costs. Separately, insurer (Defendant Third) proved fraud on a balance of probabilities but the plaintiffs' substantive claim still fails for lack of proof.