30 Sept 2021
DINIYARIF BIN FAIRUS ‘SHABA (1) JAAFAR BIN ABU (2) SITI MORNI BINTI AB RAHMAN (3) TAKAFUL IKHLAS BERHAD (4) ARIVANAN A/L PERIASAMY
- Citation
- S2 – BK – B53KJ – 74 – 03/ 2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- S2 – BK – B53KJ – 74 – 03/ 2019 (Mahkamah Sesyen)
On the balance of probabilities the plaintiff proved the involvement of Myvi NCR 7474 and that the first defendant, while emerging from a minor road, failed to give way in breach of r.3(2)(b) and caused the collision; the second defendant as registered owner and the third defendant as insurer are liable (vicarious/insurance liability); the fourth defendant was not shown to be involved; plaintiff awarded damages and costs with specified interest.