25 Feb 2021
Ahmad Rashidi bin Yahya dan seorang lagi Projek Lebuhraya Usahasama Berhad
- Citation
- AB - 11 BNCVC - 6 - 08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB - 11 BNCVC - 6 - 08/2019 (Mahkamah Tinggi)
On the balance of probabilities the High Court found the existence of the iron block proved by photographs and vehicle undercarriage damage, held the highway concessionaire breached its duty to maintain the highway in a safe condition and was liable for the accident, apportioned liability 40% to the defendant and 60% to the driver (first plaintiff) for contributory negligence, held the second plaintiff (passenger) entitled to recover from the defendant, and on rehearing allowed the counterclaim to the extent that the defendant may seek contribution from the first plaintiff.