JUDGMENT

Wong Kian Kheong J:

(Appeal To High Court Against Sessions Court's Decision After Trial)

A. Background

[1] In this judgment, I will refer to parties as they are in the Sessions Court (SC).

[2] On 29 July 20162, there was an accident (Accident) on "Lebuhraya Kemuning-Shah Alam" (Highway) which involved a motorcycle ridden by the plaintiff (Plaintiff) and a car driven by the defendant (Defendant).

[3] This suit was filed in SC by the plaintiff against the Defendant (This Action) wherein the Plaintiff claimed damages for the alleged negligence of the Defendant in the Accident which had caused:

(1) the plaintiff to suffer personal injuries; and

(2) damage to the plaintiff's motorcycle.

[4] At the trial of This Action (Trial):

(1) the Plaintiff testified and called Sgt Nur Nadia Atira Binti Zaini (SP1) to support This Action; and

(2) the Defendant gave evidence to oppose This Action.

[5] The learned Sessions Court Judge (SCJ) decided as follows after the Trial (SC's Decision):

(1) the Defendant is 80% liable in negligence for the Accident while the Plaintiff is 20% responsible regarding the Accident (Liability Award);

(2) assuming the Defendant is 100% liable in negligence for the Accident,