14 Oct 2024
1. ) VIJAYAN A/L KUMARAN 2. ) PENGANGKUTAN PKS(TRIANG) SDN. BHD. 1. ) ELIZABETH A/P GUANDAS 2. ) PAVALAIE A/P KOLENDEDELOO
- Citation
- NA-12BNCvC-3-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-12BNCvC-3-02/2024 (Mahkamah Tinggi)
On the balance of probabilities the High Court upheld the Sessions Court: the lorry was parked in a non‑designated part of the roadway at the mouth of a junction, defendants failed to take precautions (no warning signs), illumination at the road was inadequate, and the deceased was contributorily negligent (driving at speed and failed to avoid); apportionment of liability 75% to defendants and 25% contributory negligence by the deceased; the mother's RM3,000/month dependency claim was dismissed for lack of evidence; appellate interference was unwarranted given trial judge's factual findings s…