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1998 MarsdenLR 2241

ABDUL WAHAB PATAIL
MOKHTARUDIN BIN ABDULLAH – Appellant
Versus
NORIZAN BIN ROSDI – Respondent


ALASAN PENGHAKIMAN

The Appellants/Defendants appealed against the Judgment of the Klang Sessions Court Judge delivered on 7th May, 1997.

The brief facts are as follows. On 15th October, 1993 the 1st Respondent/Plaintiff was riding his motor cycle bearing registration No. BDM 6132 along Jalan Salak Tinggi - Bukit Changgang (Kuala Langat, Selangor) from Salak Tinggi in the direction of Bukit Changgang. At the same time the 1st Appellant/Defendant was driving a motor van bearing registration No. WCY 659 and travelling in the same direction as the 1st Respondent. The said motor Van No. WCY 659 was owned by the 2nd Appellant/Defendant.

Meanwhile the 2nd Respondent/Plaintiff was driving motor car bearing registration No. BCP 7306 in the opposite direction along the same road from Bukit Changgang in the direction of Salak Tinggi. The said motor car is owned by the 3rd Respondent/Plaintiff.

At or near 2 km. Jalan Salak Tinggi-Bukit Changgang (at the Felcra Bukit Serdang junction) the 1st Respondent after signaling, indicating his intention to turn right at the Felcra Bukit Changgang junction, stopped his motor cycle No. BDM 6132 in the middle of the road at the said junction while waiting

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