16 Aug 2020
KWEK HOK TENG MOHD SHUKERI BIN MUHAMED
- Citation
- DA-12B-53-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-53-11/2018 (Mahkamah Tinggi)
High Court held that respondent was contributorily negligent to the extent of 10% because he should have foreseen the arrival of a high-speed motorcycle from behind when turning on a straight road; deviations in respondent's oral evidence from pleadings were not radical and were not objected to at trial so could not be relied upon to undermine his credibility; eyewitness corroboration (SP3) and absence of material suppression meant no adverse inference under s114(g) Evidence Act was warranted. Consequently the Sessions Court finding of 100% liability on appellant was varied to 90% appellant /…