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MAGISTRATE COURT BENTONG
MUHAMAD IZWAN MUHAMAD YUNUS – Appellant
Versus
HARYATI ISMAIL & ANOR – Respondent
| Table of Content |
|---|
| 1. judgment grounds overview and parties involved. (Para 1 , 1 , 2 , 3 , 4) |
| 2. versions of the accident from both plaintiff and defendants. (Para 5 , 6 , 7) |
| 3. burden of proof lies with the plaintiff. (Para 8 , 9) |
| 4. assessment of conflicting testimonies and evidence. (Para 10 , 11 , 12 , 13 , 15 , 16 , 17 , 18 , 19) |
| 5. plaintiff's burden of proof regarding negligence. (Para 14) |
| 6. investigation findings and their impact on liability. (Para 20 , 21 , 22) |
| 7. consistency of plaintiff's testimony and inferences drawn. (Para 23 , 24 , 25 , 30) |
| 8. admissibility and implications of the defendants' police report. (Para 26 , 27 , 28) |
| 9. application of adverse inference and standards of proof. (Para 29) |
| 10. defendants' failure to present evidence. (Para 33 , 34) |
| 11. plaintiffs’ responsibility in the accident and counterarguments. (Para 35 , 36 , 41) |
| 12. the role of evidence and testimony in establishing facts. (Para 50) |
| 13. assessment of damages for injuries suffered by the plaintiff. (Para 54 , 56 , 58 , 60 , 64 , 70 , 74 , 82) |
[1] This is my grounds of judgment in respect of the appeal filed by the Defendants on the issue of liability ie that the Defendants are 100% liable for causing
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