25 Jun 2025
1. ) Fazrien Hasrizan Bin Mohamad 2. ) Mohamad Bin Abdul Razak 1. ) Selia Selenggara Selatan Sdn Bhd 2. ) Pengarah, Jabatan Kerja Raya Negeri Sembilan 3. ) Khairul Rohaizad Bin Rostam 4. ) Mohd Ramizu Bin Salim
- Citation
- NA-12B-9-08/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-12B-9-08/2024 (Mahkamah Tinggi)
Plaintiff failed to discharge the burden of proof on balance of probabilities that any defendant's negligence caused the accident; evidence established the road had warning features (yellow transverse lines, reflectors), the divider did not obstruct plaintiff's lawful lane, the parked car was on the grass shoulder and did not obstruct traffic, and plaintiff struck the divider first then lost control — therefore the cause was plaintiff's own negligence; accordingly the Sessions Court's dismissal of liability and its quantum awards are upheld.