27 Jan 2022
Telekom Malaysia Berhad 1. ) XXXX 2. ) SELIA SELENGGARA SELATAN SDN BHD
- Citation
- JA-12B-78-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-78-10/2020 (Mahkamah Tinggi)
On the balance of probabilities the plaintiff's sudden evasive manoeuvre on a wet road constituted primary negligence (90%). The First Defendant as owner of the manhole breached a duty to ensure its manholes were safe and was 10% negligent. The Second Defendant was not liable because it only acted on instructions from Jabatan Kerjaraya and no such instruction existed; therefore the Sessions Court's liability apportionment was set aside and re-apportioned accordingly. General damages were upheld; certain special damages were reduced based on evidence and causation; interest orders were directe…