24 Nov 2022
Am General Insurance Berhad 1. ) Pemandu Kenderaan Bermotor Xiii Nam 483 2. ) Suresh a/l Yallomalai 3. ) Yogeswaran a/l Ramasamy
- Citation
- BA-12B-31-02/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-31-02/2019 (Mahkamah Tinggi)
The High Court set aside the Sessions Court judgment because it relied on inadmissible documents not exhibited, the remaining admissible evidence (number plate found hours later) was insufficient to establish the necessary causal link to vehicle XIII NAM 483 absent an adverse inference which was not secured, and the Sessions Court allowed a late amendment and immediately delivered judgment without giving defendants a reasonable opportunity to address recall of witnesses or revise procedural elections; consequently a re-trial was ordered.