22 Oct 2021
MUHAMMAD HILMI HAKIM BIN ABDUL HALIM SADIKIN BIN SUHNI
- Citation
- BA-12B-117-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-117-12/2020 (Mahkamah Tinggi)
The Sessions Court's equal apportionment was set aside because the judge failed to properly account for undisputed evidence that the respondent suffered glaucoma and could not see clearly in his right eye prior to the collision; this impairment materially increased the respondent's contributory negligence. The respondent's police report was admissible as it recorded the respondent's own account taken by the investigating officer. Liability is re-apportioned 60% to the respondent and 40% to the appellant.