[1] This is an appeal by the defendant against the decision of the learned Session Court Judge ("SJ"). In her decision, the learned SJ gave judgment for the plaintiff and found the defendant 100% liable. The defendant, unhappy, appealed against the decision of the SJ on the issue of liability only. I heard the appeal and allowed liability to be apportioned 50:50. The defendant, still dissatisfied appealed against my decision.

Brief Facts

[2] On 13 February 2011 at about 12.00 midnight, the plaintiff was crossing a road while pushing his bicycle. It was at Jalan Batu 18 Rawang ie KL-Ipoh (Rawang) route. The plaintiff crossed from right to left, ie from A2 to A1.

[3] According to the plaintiff (SP1) the collision occurred when he had nearly arrived at the other end of the road and he marked the point of impact as 'X' in the sketch plan.

[4] The plaintiff testified that he looked left and right before crossing the road and he did not see any approaching vehicle. He later then said that he did not see the defendant's motorcycle because it was driven too fast. He said that there was a traffic light located near the road.

[5] The plaintiff averred in his statement of claim tha