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2019 MarsdenLR 1176

SESSION COURT SEREMBAN
GANESAN SUPPIAH & ANOR – Appellant
Versus
NAGESWARAN VIJAYAKUMAR & ORS – Respondent


Petitioner Advocates:SK Gan,Nur Ain Sofiah Mazelan ,Respondent Advocate: Geeta Jothilingam

Table of Content
1. identifying the initial event of the motorcycle accident. (Para 1 , 2)
2. procedural background of legal representation. (Para 3 , 4 , 5 , 6 , 8)
3. delineating the claims and defenses presented by the parties. (Para 10 , 11 , 12 , 13 , 14)
4. the court's analysis of evidence, liability, and burden of proof. (Para 15 , 16 , 17 , 18 , 19 , 20)
5. court's findings on trial evidence. (Para 30 , 31 , 32 , 33 , 34)
6. conclusion reached by the court regarding the claim. (Para 46)
7. decision to dismiss claim on failure to prove. (Para 47)
Maimoonah Aid SCJ:

Introduction

[1] On 10 September 2016 at about 12.40 am, it was alleged that an accident took place between a motorcycle No NBY 2567 ridden by the first plaintiff and a motorcycle No MBS 7689 ridden by the first defendant at Jalan Seremban Jaya.

[2] This is a claim for damages arising out of the said alleged accident.

Background Of The Proceedings

[3] Initially, the first and second defendants were represented by M/s Khoo & Sidhu. A statement of defence was accordingly prepared and filed into this court.

[4] Then, upon an application in encl 37(a) on its belief that there were elements of fraud and false claim, M/s Khoo & Sidhu

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