Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of traffic summons

Legal area

Court

28 Nov 2024

MUHAMAD NURASYDAN BIN MOHD RAFI MOHAMAD FIRDAUS BIN HALIM

Citation

DA-A53KJ-371-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-371-06/2023 (Mahkamah Sesyen)

The court accepted the plaintiff's uncontested testimony and demeanor as credible, applied Evidence Act s114(g) to infer unfavorable withheld evidence, found defendant 90% liable and plaintiff 10% contributorily negligent, and awarded damages of RM180,000 for severe traumatic brain injury, RM90,000 for right eye injury (global) and RM8,000 for future surgical costs after assessing expert reports and the Compendium ranges.
5 Jun 2024

MOHAMAD ZAKI BIN HASSAN 1. ) MOHD FAUZI BIN MASHOOD 2. ) SEMAI BARU SDN BHD

Citation

JA-B53KJ-105-08/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-B53KJ-105-08/2020 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the plaintiff’s version supported by police investigation, undisputed diagrammatic evidence, damage patterns on the vehicles and unchallenged witness evidence; the magistrate’s finding on the traffic summons and the defendant-first’s failure to attend or call witnesses permitted an adverse inference. Consequently defendant-first was 100% negligent and defendant-second vicariously liable; plaintiff bore no contributory negligence. Damages were assessed across specified heads including past and future losses, orthotics, aggravated damages and c…