13 Sept 2024
1. ) MD KARIM 2. ) JAKIR HOSSIN 1. ) NAZZATUL AZLEEN BINTI MOHD GAFFAR 2. ) MOHD NIZAM BIN MAT NOR
- Citation
- BA-A73KJ-1332-12/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BA-A73KJ-1332-12/2023 (Mahkamah Majistret)
With liability agreed, the court accepted that repairs were carried out and photos existed but plaintiffs failed to prove payment and to justify full adjuster cost given the vehicle was 17 years old. Bank Negara guidance requires betterment/discounts; the court applied a 40% reduction to franchise parts and concluded plaintiffs failed to prove loss of use at the claimed rate. The court therefore awarded a reduced, reasonable repair cost (RM3,000), adjuster fee (RM714.72) and loss of use for 7 days at RM40/day (RM210), denied unproven miscellaneous claims, and awarded costs RM400.