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SESSIONS COURT KUALA TERENGGANU
MUHAMMAD SHAFIQ SHAZWAN JAMERI – Appellant
Versus
AZMI IBRAHIM – Respondent
| Table of Content |
|---|
| 1. plaintiff seeking damages for injuries from collision. (Para 1 , 4 , 5) |
| 2. liability primarily on the defendant; no contributory negligence by plaintiff. (Para 2 , 3) |
| 3. issues of cognitive impairment and assessment methods significantly impact credibility. (Para 6 , 12 , 13) |
| 4. claims for special damages found unsubstantiated due to lack of evidence. (Para 7 , 8 , 14 , 26) |
| 5. assessment of damages determined by medical recommendations and revised compendium. (Para 9 , 18 , 19 , 20 , 22 , 23) |
| 6. damages assessed based on legal and medical evaluations; reliance on insufficient evidence. (Para 15 , 16 , 17 , 21 , 24 , 25 , 27) |
[1] The Plaintiff is seeking general damages for the injuries and special damages for the losses suffered by him as a result of the collision between the motorcycle that he was riding and the car driven by the Defendant. The incident is said to have occured on 28 June 2015 at around 4.45 in the evening at the junction leading to Taman Desa Kepas Indah, Besut.
[2] On the issue of liability, the primary question that needed to be answered is whether the evidence adduced during trial had shown that the Defendant had driven negligently, and had thus cau
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