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MAGISTRATE COURT KUALA LUMPUR
ANUAR MD HASSAN – Appellant
Versus
MUHAMMAD NASEER RAWTHER NAINA MOHAMED – Respondent
| Table of Content |
|---|
| 1. accident details and parties involved. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's findings on liability and damages. (Para 6 , 7 , 8) |
| 3. pleading requirements and their implications. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. evidence regarding plaintiff's sobriety and accident. (Para 17 , 18 , 19 , 20 , 22 , 23) |
| 5. medical report findings on plaintiff's condition. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. defendant's failure to present evidence. (Para 36 , 39 , 41 , 42 , 43) |
| 7. distinction of related case law. (Para 45 , 46 , 47) |
A. Background Facts
[1] The Plaintiff had filed a suit against the Defendant for an accident that had allegedly occurred on 10 October 2021 around 6:00 pm between Plaintiff (who was riding a motorcycle registered under WJW 190) and the Defendant (who was riding his motorcycle registered under WUY 3726) at KM 0.8 Lebuhraya Duke.
[2] Plaintiff claims that while he was riding from Greenwood heading towards Keramat, the Defendant had ridden his motorcycle negligently when the Defendant tried to overtake the Plaintiff from behind on Plaintiff's right side, the Defendant had obstructed the Plaintiff's rightful way
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