Malaysia Case Law: Decisions & Judgments

Topic

Liability allocation

Legal area

Court

24 Feb 2026

1. ) MOHD TARMIZI BIN MOHAMED NASIR 2. ) XXXX 1. ) NUR FATIHAH BINTI BAHARUDIN 2. ) AMINAH BINTI KHAMIS

Citation

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)

Defendants' appeal dismissed. Court held Defendants 100% liable because Defendant 1 admitted turning right into Plaintiffs' lane and misjudged clearance; Plaintiffs were riding lawfully and in their lane; late MRI evidence did not break causation because contemporaneous clinical notes, specialist examinations and expert evidence linked ongoing neck pathology to the accident; some claims reduced or rejected for failure to mitigate or lack of evidential support. Quantum awarded as itemised and costs and statutory interest granted as ordered.
23 May 2025

MOHD YASHIR BIN MOHD ADZMAN HANIS NADZIRAH BINTI RAZALI

Citation

NA-A53KJ-273-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A53KJ-273-05/2021 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff's version was more probable and supported by police reports, investigator's evidence, sketch plan and photographs; the defendant failed to rebut that evidence. Therefore defendant is 100% liable for the collision. Quantum was assessed by the court using the plaintiff's medical reports, expert opinion and the Revised Compendium 2018 leading to specific awards for each head; interest and costs awarded per the amended Rules of Court.
27 Apr 2025

MOHD SUHAIMI BIN OTHMAN 1. ) MOHD AMIRUL HAFIZ BIN ISMAIL 2. ) NORIZATUL IRNIAFIRA BINTI MOHD SAYUTI

Citation

DA-12B-23-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-23-07/2024 (Mahkamah Tinggi)

Session Court correctly found defendant 100% liable because defendant entered the emergency lane without signaling and stopped suddenly creating a hazardous situation; High Court will not disturb the Session Court's damages awards (RM65,000 general; RM10,400 loss of earnings; RM30,000 loss of earning capacity) as not manifestly excessive and will uphold 5% p.a. interest per Chief Justice practice direction.
5 Dec 2024

1. ) DILLIGANESAN A/L SINGODAN 2. ) RAJKUMAR A/L MUNIANDY 1. ) MOHD HANIFF BIN IBRAHIM 2. ) YAL BULK PACKING SERVICES SDN BHD

Citation

KE-A73KJ-21-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KE-A73KJ-21-04/2022 (Mahkamah Majistret)

On the balance of probabilities the court found Defendant First wholly negligent for rear‑ending the plaintiff's lorry and Defendant Second vicariously liable as owner; however the plaintiff failed to prove causation between the accident and the alleged clavicle fracture because of delay in treatment, inconsistent police statement and failure to produce the treating doctor's medical report such that the general damages claim for the fracture was dismissed; select special damages were allowed as particularised and proven.
27 Nov 2024

1. ) MUHAMMAD ZUL FADHLI BIN KASID 2. ) MOHAMMED FAROQ BIN ABDUL JABAR 1. ) SUHAIMI BIN MOHD SAHAR 2. ) PENGARAH JABATAN PERHUTANAN 3. ) Kerajaan Malaysia

Citation

CA-A53KJ-224-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-224-09/2022 (Mahkamah Sesyen)

On the balance of probabilities photographic evidence, the positions of the motorcycle and occupants after impact, the credible consistent testimony of Hilux passengers, the deficiencies and late elements in police investigation and plaintiffs' delayed report made defendants' version inherently more probable. Plaintiff 1 was found 100% negligent; plaintiffs' claims therefore fail. Defendants' counterclaim for repair costs was established and allowed in part. The court applied established authorities on resolving conflicting versions and on proof and assessment of damages and special damages.
25 Oct 2023

1. ) YUSOF BIN PUTEH 2. ) FAIZAH BINTI ISMAIL KELSOM BINTI MOHAMAD

Citation

TA-B53KJ-4-02/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53KJ-4-02/2021 (Mahkamah Sesyen)

On the balance of probabilities the photographic and physical 'silent evidence' (damage patterns and tree impact) supported the Plaintiffs' version that Defendant crossed into Plaintiffs' lane; Defendant was 100% liable. The prosthesis claim was allowed but limited to a reasonable and available option (Defendant's quotation) with a 1/3 contingency deduction, producing an award of RM176,036.00, because there was no expert evidence proving the SOCSO prosthesis was unsuitable and the court must avoid awarding an extravagant device without justification.
29 Nov 2022

SYARIKAT TAKAFUL MALAYSIA AM SDN BHD 1. ) SITI NUR MAS AYU BINTI MOHD ZAKILUDIN 2. ) CIK ROSLI BIN CHE HASHIM 3. ) SITI ZAMILAH BINTI MAT SULAIMAN 4. ) SITI NUR MASHITHAH BINTI MOHD ZAKILUDIN

Citation

CA-12B-7-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-12B-7-04/2022 (Mahkamah Tinggi)

The High Court found material and significant contradictions between key witnesses and inconsistencies in police reports and documentary evidence which the Session Court failed to address; because the plaintiffs' evidence was not sufficiently credible on the balance of probabilities, liability was not established and the insurer's appeal succeeds — plaintiffs' claims are dismissed and appeal allowed with costs.

Malaysia Case Law

1. ) MOHD TARMIZI BIN MOHAMED NASIR 2. ) XXXX 1. ) NUR FATIHAH BINTI BAHARUDIN 2. ) AMINAH BINTI KHAMIS

MOHD YASHIR BIN MOHD ADZMAN HANIS NADZIRAH BINTI RAZALI

MOHD SUHAIMI BIN OTHMAN 1. ) MOHD AMIRUL HAFIZ BIN ISMAIL 2. ) NORIZATUL IRNIAFIRA BINTI MOHD SAYUTI

1. ) DILLIGANESAN A/L SINGODAN 2. ) RAJKUMAR A/L MUNIANDY 1. ) MOHD HANIFF BIN IBRAHIM 2. ) YAL BULK PACKING SERVICES SDN BHD

1. ) MUHAMMAD ZUL FADHLI BIN KASID 2. ) MOHAMMED FAROQ BIN ABDUL JABAR 1. ) SUHAIMI BIN MOHD SAHAR 2. ) PENGARAH JABATAN PERHUTANAN 3. ) Kerajaan Malaysia

1. ) YUSOF BIN PUTEH 2. ) FAIZAH BINTI ISMAIL KELSOM BINTI MOHAMAD

SYARIKAT TAKAFUL MALAYSIA AM SDN BHD 1. ) SITI NUR MAS AYU BINTI MOHD ZAKILUDIN 2. ) CIK ROSLI BIN CHE HASHIM 3. ) SITI ZAMILAH BINTI MAT SULAIMAN 4. ) SITI NUR MASHITHAH BINTI MOHD ZAKILUDIN