Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Rear-end collision
  • 20 May 2020

    NURAIN BINTI MA’AROF JOHAN SHAH BIN AMIN SHAH PIHAK KETIGA NORSAIFUL BIN SELAMAT

    Citation
    WA-A73KJ-1319-07/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A73KJ-1319-07/2019 (Mahkamah Majistret)

    The court accepted the defendant’s account as more credible because the defendant’s police report and the third party’s first report were consistent, the third party’s later amended report was treated as suspect, and the pattern of physical damage (rear-left bumper dent on defendant and front damage on motorcycle) was consistent with being struck from behind; accordingly plaintiff failed to prove defendant’s negligence on the balance of probabilities and the claim was dismissed with costs.