Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of police report

Legal area

Court

5 Feb 2026

MUHAMMAD RAFFIEUDIN BIN SUNANDAR 1. ) CHONG CHOI YUN 2. ) YEO HSIU CHIN

Citation

BA-A73KJ-1356-10/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-A73KJ-1356-10/2024 (Mahkamah Majistret)

Defendant failed to take reasonable care before turning left, did not observe mirrors or the plaintiff's position and thereby obstructed the plaintiff's lane; this breach of traffic rules and failure to keep proper lookout establishes negligence on the balance of probabilities. Liability apportioned 80% to Defendant and 20% to Plaintiff. Damages assessed on cogent medical evidence and comparable authorities: general damages RM32,500 and special damages RM8,923.50, total RM41,423.50; interest and costs awarded as claimed and per scale respectively.
31 Jul 2022

SATISH KUMAR A/L M KANESAN 1. ) MUHAMAD HUZAIFAH BIN ABU SAMAH 2. ) HANDAL INDAH SDN BHD

Citation

JA-A53KJ-205-04/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-205-04/2020 (Mahkamah Sesyen)

Court accepted plaintiff's consistent viva voce evidence and held that the deceased defendant's police report alone was insufficient to rebut the plaintiff; burden shifted after plaintiff proved his case and defendants failed to discharge burden to rebut; accordingly court found defendant 1 (and owner) 80% liable and plaintiff 20% contributor and assessed damages on that basis.