9 Mar 2022
Ong Jia Hao 1. ) Abdul Majid Bin Othman 2. ) Jamilah Binti Hashim
- Citation
- AB-A53KJ-186-11/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AB-A53KJ-186-11/2019 (Mahkamah Sesyen)
On the balance of probabilities the physical evidence (damage pattern, debris and brake marks), witness evidence and inconsistencies made the defendant's account more inherently probable in key respects; plaintiff failed to prove 100% liability of defendants. The court apportioned liability 20% to defendants and 80% to plaintiff. Applying that apportionment the court awarded defendants 20% of assessed general and special damages: general RM60,800 (20% of RM304,000) and special RM75,367.20 (20% of RM376,836); ordered RM38,602.40 (20% of prosthesis component) to be held by Amanah Raya for prost…