1 Jan 1900
PURUBAKARAN A/L SANDRAN [NO. K/P: 911228-07-5015] 1. MOHAMMAD BENJAMIN BIN AHMAD FAIZAL [NO K/P: 870222-07-5083] 2. LIAQUAT ALI BIN D.ABDULLAH HAMEED [NO K/P: 581123-07-5319] 3. PACIFIC & ORIENT INSURANCE CO BHD
- Citation
- PA-12B-16-03/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12B-16-03/2019 (Mahkamah Tinggi)
The plaintiff failed to prove the 1st Defendant caused the collision because the police report was not properly tendered and witness statements were hearsay, and physical damage was inconsistent with the alleged collision; however, on quantum the learned Sessions Judge erred in law in disallowing medical expenses paid by the insurer because s.28A(1)(a) CLA applies irrespective of who paid the premium or the nature of the injury, thus the insurer payment should not be taken into account and the plaintiff is entitled to the agreed one‑third share (RM13,856.16) of the medical bill.