30 May 2024
MUHAMMED FAIRUS BIN MOHAMMAD ALI ROMINIDASS 1. ) PUVANESVARAN A/L SANDARAN 2. ) JASON IMMANUEL A/L PUVANESVARAN 3. ) ZURICH GENERAL INSURANCE MALAYSIA BERHAD PENCELAH ZURICH GENERAL INSURANCE MALAYSIA BERHAD
- Citation
- AA-A53KJ-52-02/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-A53KJ-52-02/2020 (Mahkamah Sesyen)
On the balance of probabilities the First Defendant was negligent in entering the road without ensuring safety; Plaintiff proved injuries caused by the 23/12/2018 accident; Third Defendant failed to prove fraud or that injuries were pre-existing and failed to call its adjusters leading to adverse inference under s114(g); accordingly Plaintiff's claim succeeds and damages are awarded as assessed.