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2018 MarsdenLR 3385

SESSIONS COURT SHAH ALAM
NICHOLAS THOMAS PHILIP (A CHILD REPRESENTED BY MATHEW THOMAS PHILIP IE HIS FATHER AND LITIGATION FRI....


Petitioner Advocates:S Parameswaran,Lavinia Kumaraendran,Aileen Yeo Sue Jen ,Respondent Advocate: Vinod Kamalanathan,RK Nathan

Table of Content
1. plaintiff's claim for damages due to a road traffic accident. (Para 1 , 2 , 5)
2. challenges and responses during the appeal process. (Para 6 , 10)
3. witness testimonies supporting plaintiff's case. (Para 11 , 21 , 24 , 30)
4. court observations on negligence and speed. (Para 23 , 25 , 29)
5. final order for compensation to injured plaintiff. (Para 57 , 58)
Ishak Bakri, SJ:

Introduction

[1] This is the plaintiff's claim for damages as a result of a road accident involving the plaintiff and the defendant. At the time of the accident, the plaintiff was 10 years old and suffered severe injuries resulting therefrom, based on the finding of his medical reports.

[2] The accident in question occurred on 17 September 2010 along Jalan Camar 4/14 in the Sierra Damansara housing estate involving a bicycle ridden by the plaintiff and a motorcar with the registration No WCX 5810 driven by the defendant.

[3] During the trial, nine witnesses testified for the plaintiff, namely Emeir Aiman Dato' Paduka Sulaiman (PW1), Sergeant Azman Md Isa (PW2), Inspector Yunus Ibrahim (PW3), the plaintiff himself, Nicholas Thomas Philip (PW4), Mathew Thomas Philip, who is also the plaintiff's father a

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