NOOR SYAZWANI ZABRI & ANOR vs TAN HUEN MAN & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 706

SESSION COURT IPOH
NOOR SYAZWANI ZABRI & ANOR – Appellant
Versus
TAN HUEN MAN & ORS – Respondent

Petitioner Advocates:Surendran Suppiah,Nurul Syahirah Azman ,Respondent Advocate: Raam Kumaar

Table of Content
1. the plaintiff failed to exercise proper control over their motorcycle, leading to the accident. (Para 1 , 2 , 6 , 7 , 23 , 52)
2. analysis of witness testimonies and evidence regarding liability. (Para 8 , 9 , 10 , 11 , 12 , 14 , 19 , 25)
3. the court concluded that liability lies completely with the plaintiff. (Para 30 , 33 , 55)
4. the evidence supports that the plaintiff's actions directly caused the injury. (Para 36 , 50 , 56)

[1] This accident occurred on the 15 January 2015 at about 7.45 am when the plaintiff's whilst riding her motorcycle bearing registration number AHB 6908 collided into the first defendant's car AGV 5100 causing her to fall onto the path of the third defendant's lorry ABT 6212. She suffered severe injuries resulting in amputation of her arm and leg.

[2] Liability was decided wholly against the plaintiff and this claim was dismissed with costs hence this appeal by the plaintiff on the issue of liability and quantum.

The Plaintiff's Version:

[3] The plaintiff's version was that the first defendant's car grazed into her motorcycle and this caused her to fall onto the path of the third defendants' lorry.

The First Defendant's Version:

[4] The first d

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2017 MarsdenLR 706

SESSION COURT IPOHNOOR SYAZWANI ZABRI & ANOR – AppellantVersusTAN HUEN MAN & ORS – Respondent

Cases Referred (3)

SESSION COURT IPOH
NOOR SYAZWANI ZABRI & ANOR – Appellant
Versus
TAN HUEN MAN & ORS – Respondent