Mohd Nazlan Mohd Ghazali JCA:

Introduction

[1] The primary focus of this appeal is on the question whether contributory negligence or additional liability ought to fasten on a motorist who suffers injuries in a motor vehicle accident caused by the negligence of another, and whether the former ought not to be entitled to relief, in whole or in part, if at the time of the accident, he did not hold a valid licence to ride a motorcycle which also had no road tax and no policy of insurance against third party risks.

Key Background Facts

[2] This claim for general and special damages, filed at the Sessions Court, was brought by the appellant herein, as the plaintiff at the trial Court, who suffered injuries when the motorcycle he was riding on was involved in an accident with a motorcar driven and owned by the respondent (defendant) at KM 8, Jalan Changkat Jong, Teluk Intan, Perak on 15 December 2017.

[3] The Sessions Court apportioned liability between parties at 70% against the respondent for being responsible for the collision and 30% against the appellant, for contributory negligence. The Sessions Court also allowed the appellant's claim for, among others, loss of future earnings