31 Mar 2021
MUHAMMAD NUR AIZZAT BIN MOHD YUNOS 1. AMIR HAMZAH BIN ABD RAZAK 2. MD. RIZAL BIN KARSO PENCELAH PACIFIC & ORIENT INSURANCE CO BERHAD
- Citation
- JA-12B-33-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-33-03/2020 (Mahkamah Tinggi)
The High Court upheld the Sessions Court's acceptance of the Second Version as more inherently probable because independent witnesses and medical evidence corroborated it, the plaintiff failed to discharge the burden of proof on a balance of probabilities and discrepancies indicated suppression amounting to fraud thereby excluding insurer liability; statutory declarations and later-emerging witness accounts were admissible and s153 Evidence Act did not apply; the First Defendant rode without consent so s91 Road Transport Act barred insurer liability; appeal dismissed with costs.