Malaysia Case Law: Decisions & Judgments

Topic

Motor vehicle accident

Legal area

Court

13 Mar 2026

1. ) Mohd Fazely Bin Md Taha 2. ) Nur Hidayah Hamizah Bte Mohd Ruba'i 1. ) Gan Seng Giap 2. ) Yeong Siew Ching

Citation

JA-12B-35-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-35-06/2025 (Mahkamah Tinggi)

The appellate court held the Sessions Court's core awards were largely within acceptable ranges but required adjustment: the RM400,000 general damages for complete traumatic spinal cord injury was upheld as within the Compendium range; however overlapping injuries justified a 10% global deduction producing RM410,400; loss of earnings required deduction of admitted living expenses and recalculation yielding RM475,527.50; future care should be awarded for home care at RM3,500/month over a 19-year post-trial period (accounting for reduced life expectancy and contingencies) giving RM798,000; ambu…
13 Oct 2025

FOO SWEE PENG 1. ) AMAR AMILY BIN YUZELAN 2. ) XXXX

Citation

BA-12B-27-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-27-04/2025 (Mahkamah Tinggi)

The appeal is dismissed. The trial judge was not plainly wrong: evidence justified RM1,000/month care pre-18 and RM500/month for 57 years post-18 for P2; no one-third contingency deduction was warranted given the nature of continuing care and inflationary realities; the RM100,000 deposit into a BSN trust account under Order 76 rule 12 was a proper exercise of judicial discretion; documents marked for identification carry no weight and the cross-appeal was struck out.
4 May 2025

Tan Kek Ong MSIG INSURANCE (MALAYSIA) BERHAD

Citation

DA-12B-21-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-21-06/2024 (Mahkamah Tinggi)

The High Court allowed the plaintiff's claim for the market value of the vehicle (RM77,000) because agreed policy documents (renewal certificate and market valuation) established that sum as both insured amount and market value; the loss of use claim was rejected because the policy expressly excluded such losses; the unauthorized removal entitled only nominal damages (RM1,000) as no actual loss was shown; the Sessions Court decision on the insurer's counterclaim was otherwise maintained.
28 Feb 2025

1. ) Thileepan Raj A/l Murthy 2. ) Thineshan A/l Veloo Murugan A/l Vadivaloo PENCELAH AMGENERAL INSURANCE BERHAD [ No. Syarikat: 0 ]

Citation

BI-A53KJ-156-06/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-A53KJ-156-06/2020 (Mahkamah Sesyen)

Court found on balance of probabilities that the defendant's car collided with the plaintiffs' motorcycle and that Defendant One is 100% liable; Defendant Two (insurer) failed to prove fraud. Findings based on plaintiffs' direct testimony, police investigation and documents, inconsistencies and weaknesses in defendants' evidence, and the failure of defendants to call the driver which engaged s.114(g) Evidence Act to support plaintiffs' account.
27 Nov 2024

NURAZLINA BINTI ABD KADIR 1. ) FAUZIAH BINTI MOHD YUSOF @ MAT YUSOF 2. ) XXXX 3. ) SIM YOKE FONG

Citation

CB-12B-2-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12B-2-01/2024 (Mahkamah Tinggi)

Appeal allowed. The Sessions Court erred by applying s.114(g) Evidence Act 1950 and treating plaintiff evidence as automatically true without adequate analysis and without any finding of deliberate withholding or suppression of witness evidence; the liability finding was therefore a material error amounting to being plainly wrong. The proper remedy is to remit the matter to the Sessions Court to permit the defendant to give evidence on liability and quantum. No order as to costs.
15 Jul 2024

1. ) Gunalan A/l Gopal 2. ) Yesu Steven A/l Gunalan 1. ) LIBERTY GENERAL INSURANCE BERHAD (DAHULUNYA DIKENALI SEBAGAI AM GENERAL INSURANCE BERHAD)(NO. SYARIKAT: 44191-P) 2. ) RAVI A/L LATCHUMANAH

Citation

AA-12B-16-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12B-16-07/2023 (Mahkamah Tinggi)

On the balance of probabilities the Court found the Sessions Court had erred in evaluating critical evidence (medical records indicating a skid and intoxication, absence of rear damage to the motorcycle, delayed and inconsistent police reports and witness statements) and that, cumulatively, the evidence supported collusion and a fabricated claim; accordingly the appeals were allowed, the Sessions Court decision set aside and the Respondents' claims dismissed with costs.
15 Jul 2024

LIBERTY GENERAL INSURANCE BERHAD (DAHULUNYA DIKENALI SEBAGAI AM GENERAL INSURANCE BERHAD)(NO. SYARIKAT: 44191-P) 1. ) RAVI A/L LATCHUMANAH 2. ) Gunalan A/l Gopal 3. ) Yesu Steven A/l Gunalan

Citation

AA-12B-17-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12B-17-07/2023 (Mahkamah Tinggi)

On the balance of probabilities the appellate court found the Sessions Court erred in crediting the collision account: medical records indicating a skid and intoxication, absence of rear damage to the motorcycle, delayed and inconsistent police statements, and the conduct surrounding offers of compensation cumulatively created significant doubt and supported an inference of collusion. Therefore the Sessions Court's finding was set aside, the respondents' claim dismissed and costs awarded.
19 Feb 2024

RABIAH BINTI MOHAMAD NOR (Membawa tindakan ini sebagai isteri dan tanggungan yang sah di sisi undang-undang kepada Simati dibawah Seksyen 7 & 8 Akta Undang-Undang Sivil 1956 ZULKEFLI BIN ABU BAKAR) MUHAMMAD HAFIZUDDIN BIN MOHD FAISAL

Citation

NF-A73KJ-27-06/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NF-A73KJ-27-06/2022 (Mahkamah Majistret)

On the balance of probabilities the court accepted the plaintiff's version because neutral evidence (police sketch, scene observations and the pattern of vehicle damage — rear damage to the deceased's motorcycle and frontal damage to the defendant's motorcycle) indicated a direct rear impact; applying s101 Evidence Act 1950 and established authorities, the defendant was held 100% liable.
15 Dec 2023

1. ) SRIRAJA HOLDINGS SDN. BHD. 2. ) VELLAITHAN A/L MURUGAN MOHAMAD HAFIZ BIN GHOZALI

Citation

CB-12B-15-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12B-15-11/2022 (Mahkamah Tinggi)

The appellate court found no error of law or misapplication of principle by the trial judge, who properly evaluated and compared the plaintiff's and defendants' expert reports and applied established authorities in assessing quantum; therefore the awards for each head of injury and the findings on future treatment and special damages were upheld and the appeal dismissed.
26 Mar 2023

1. ) MOHD AZAM BIN ESA @ ZAWAWI 2. ) NOR HASNIDA BINTI HASHIM 1. ) SYED BADRUL HISYAM BIN SYED KADAR 2. ) Syed Badrul Hisham Bin Syed Kadar (Sebagai Wakil Diri Kepada Simati Syed Kadar Bin Syed Salam) 3. ) LIBERTY INSURANCE BERHAD

Citation

DA-12B-27-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-27-07/2022 (Mahkamah Tinggi)

On the balance of probabilities the High Court correctly found the accident occurred and involvement of the other motorcycle was sufficiently established by police investigation documents and witness evidence; Defendant 3 failed to discharge its burden to prove fraud or collusion. However, the trial judge erred in failing to properly consider medical evidence and compendium authorities on quantum for certain heads of future care and injuries, warranting adjustment of awards for brain injury, spastic quadriparesis and specified future care items; costs awarded against Defendant 3.