11 Jan 2022
1. VANITHA A/P SURENTHERAN [widow suing on her own behalf and a child who are the dependants of the Deceased SUBRAMANIAM A/L MURUGAN] 2. MURUGAN A/L MUNIANDY 3. VEERAMMA A/P MARIMUTHU [suing as a mother and dependent of the Deceased SUBRAMA
- Citation
- JB-12BNCVC-1-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-12BNCVC-1-01/2021 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: the deceaseds were chiefly at fault (70%) because they turned into the defendant's lawful lane in breach of Rule 3(2)(b) Road Traffic Rules 1959, failed to ensure the road was clear, and failed to take precautions (poor lighting, no helmets); the defendants were 30% contributorily negligent. The appellate court found no error in the lower court's evaluation of facts and credibility that would justify interference.