Court established 100% liability on defendants for accident due to negligence, awarding RM 105,969.00 in total damages to the plaintiff.

JUDGMENT

Engku Ahmad Rashdi Engku Abdillah SCJ:

Introduction:

[1] This action was in relation to a motor vehicle accident involving the plaintiff and the 1st defendant, in which the plaintiff was riding a motorcycle bearing a registration no. MBR 725 ('the motorcycle') and the 1st defendant was driving a car bearing a registration no. CDS 1153 ('the car'), with the authority of the 2nd defendant who is the registered owner of the car. The accident occurred on 8 July 2018 at around 1.15 pm at KM 12, LEKAS Highway when the plaintiff was on his way from Kuala Pilah, Negeri Sembilan to Kajang, Selangor.

[2] While it was agreed that a collision indeed took place on the aforementioned date and location, there were significant conflicts between the evidence of the plaintiff and the defendants in relation to the circumstances of the collusion. It is therefore incumbent for the court to determine the liability and quantum of damages arising thereof on the balance of probabilities.

Brief Facts Of The Case:

[3] On 8 July 2018 at about 1.15 pm, the plaintiff was riding the motorcycle from Kuala Pilah heading towards Kajang. After reaching KM 12 LEKAS Highway, suddenly the car coming from behind, hit the motorcycle at the rear side of it. The plaintiff fell and suffered severe injuries while the motorcycle was badly damaged.

[4] This suit was brought up by the plaintiff to claim the general and special damages as a result of that accident.

The Issues:

(i) Whether the accident was caused by the negligence of the 1st defendant or the plaintiff and whether there should be apportionment of liability between them; and

(ii) If liability is found against the 1st defendant either wholly or in part, what is the quantum of damages (general and special) that should be awarded to the plaintiff.

The Trial:

[5] During the trial, the plaintiff called four (4) witnesses to testify in court, i.e., Insp. Somasureshan a/l Munusamy - an investigating officer (PW1), the plaintiff himself (PW2), Nur Syakira binti Md Tahir - human resource administrative assistant (PW3) and Nadaraj a/l Ponusamy - a company director (PW4). On the other hand, the defendants called two (2) withesses, i.e., Joseph John a/l PM Joseph - an adjuster (DW1) and the 1st defendant himself (DW2).

[6] After evaluating the documentary evidence, the testimonies of all withesses and perusing the submissions by both parties, the court, on the balance of probabilities, decided that the defendants are 100% liable for the accident. On the 100% liability, the court has quantified the general damages and special damages as follows:

For general damages:

i) Grade 5 spleen injury - RM 30,000.00;

ii) Fracture left 6th rib with pneumothorax and lung contusion - RM 15,000.00;

iii) Fracture left tibia and fibula - RM 30,000.00;

iv) Soft tissue injury - RM 4,000.00;

v) Multiple abrasions - RM 3,000.00;

vi) Scars - RM 10,000.00;

vii) Muscle wasting - RM 5,000.00

For special damages:

i) Cost for follow up treatments at Hospital Kuala Pilah - RM 150.00;

ii) Cost of treatment at Hospital Kajang - RM 5.00;

iii) Damage to clothes and shoes - RM 300.00;

iv) Damage to helmet - RM 80.00;

v) Bill for Hospital Kajang - RM 350.00;

vi) Bill for Hospital Kuala Pilah - RM 39.00;

vii) Spirometrey payment - RM 40.00;

viii) Bill for health clinic - RM 5.00;

ix) Damage to motorcycle - RM 3,000.00;

x) Loss of income - RM 4,000.00;

xi) Cost for future treatment - RM 1,000.00

Liability

Contention by the Plaintiff:

[7] According to the police report (P1) lodged by the plaintiff, it was alluded that on 8 July 2018 at about 1.15 pm at KM 12 of LEKAS Highway, while the plaintiff was heading from Kuala Pilah, Negeri Sembilan to Kajang, Selangor, suddenly the car driven by the 1st defendant hit the plaintiff's motorcycle from behind. As a result, the plaintiff fell and suffered severe injuries.

[8] In his testimony in court, the plaintiff maintained what has been narrated earlier in his report P1). He further averred that he was riding the motorcycle at lane A1-A2 of the