MOHAMAD AZHAR YUSSOH vs MOHAMAD HAIRUL ALHAFIZ ZAN IMI & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 1919

SESSIONS COURT IPOH
MOHAMAD AZHAR YUSSOH – Appellant
Versus
MOHAMAD HAIRUL ALHAFIZ ZAN IMI & ANOR – Respondent

Petitioner Advocates:Nur Aleeya Aria Nyakot Abdullah,Punitha Devi Sinniah ,Respondent Advocate: Mohd Imtiaz

Table of Content
1. introduction of the case and parties involved. (Para 1 , 2)
2. diverging accounts of the incident from both parties. (Para 3 , 4)
3. negligence due to improper lookout and road positioning. (Para 5 , 6 , 10)
4. court's analysis of liability and contributory negligence. (Para 7 , 8 , 9)
5. liability shared due to contributory negligence. (Para 13 , 14)
6. court's conclusion on shared liability. (Para 16)
7. assessment of damages based on injuries sustained. (Para 17 , 19 , 27)
8. assessment of damages and rationale for global awards. (Para 18 , 20 , 21)

[1] The collision occurred between two motorcycles with the registration No AHE 5905 (plaintiff) and AHN 3512 (defendant) at KM 8, Jalan Tanjong Belanja-Manong, Ipoh on 4 January 2014 around 9:00 pm. Liability was equally distributed between the plaintiff and the defendant and the plaintiff's claim for general and special damages was allowed together with costs and interest.

[2] The plaintiff being dissatisfied with the decision has filed an appeal on the issue of liability and quantum. A cross-appeal was also lodged by the defendants on the issue of liability only.

The Plaintiff's Version

[3] The plaintiff's version was that

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2017 MarsdenLR 1919

SESSIONS COURT IPOHMOHAMAD AZHAR YUSSOH – AppellantVersusMOHAMAD HAIRUL ALHAFIZ ZAN IMI & ANOR – Respondent

Cases Referred (5)

SESSIONS COURT IPOH
MOHAMAD AZHAR YUSSOH – Appellant
Versus
MOHAMAD HAIRUL ALHAFIZ ZAN IMI & ANOR – Respondent