4 May 2021
1. JACKY GAN LIAN ZHUN 2. CY GOLDSMITH (COMPANY NO.: JM041524-A) 1. P RAVI A/L PONNUSAMY 2. WONG SIEW LING [The 1st & 2nd Respondents are lawful parents and dependencies of the Deceased SHANMUGAN A/L P RAVI] 3. SUNDARAVELAN A/L JOTHEE
- Citation
- JB-12BNCVC-9-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-12BNCVC-9-09/2019 (Mahkamah Tinggi)
The Sessions Court's finding that the defendant's car struck the motorcycle from behind is supported by independent 'silent witness' evidence (police sketch plan and photographs) showing rear impact and vehicle positions, eyewitness testimony corroborates that the car approached at higher velocity and failed to brake in time; therefore the 1st defendant was 100% liable and the 2nd defendant vicariously liable, and the appellate court will not overturn credibility-based findings absent being convinced they are plainly wrong.