2011 MarsdenLR 4793

MAHKAMAH SESYEN ALOR SETAR
ONG CHIANG YONG LWN. MOHAMAD FADLI CHE ANI & SATU LAGI
[Saman No: 53-290-2011]

The court established a shared liability principle in road accidents when both parties present conflicting narratives, emphasizing that evidence like vehicle damage shapes liability allocation.

Headnote:(A) Road Traffic Accident - Liabilities - The court assessed 50% liability against both parties due to conflicting testimonies regarding a road accident that occurred on April 12, 2010, involving a plaintiff's motorcycle and a defendant's lorry. The assessment utilized principles from Lee Ewe Teik v. Ariffin Hussain and Abidin Umar v. Doraisamy & Anor to evaluate evidences like vehicle damage and witness testimonies. (Paras 24-26)

(B) Quantum of Damages - The court awarded damages totaling RM56,650.00 for general and special damages including medical expenses and loss of income, while rejecting certain unproven claims. (Paras 25, 26)

(C) The court also highlighted the importance of safe driving practices and the shared liability principle implying both parties had contributed to the accident circumstances due to negligence. (Paras 26).

Result: Each party is responsible for 50% of the liability, with damages awarded in total as stated.