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2017 MarsdenLR 2314
MAHKAMAH SESYEN TELUK INTAN
SATHYARAJ CHANDAR LWN. ROFIZA SHUDIN
[Saman No: AC-A53KJ-4-1/2017]
Petitioner Advocates:SV Namasoo and Shabnam Haseena ,Respondent Advocate: Mohamad Nizam Mohamad Salleh,Tarshini Chandran Maxwell Kenion Cowdy,Jones
The failure of the defendant to provide evidence leads to an inference of negligence and full liability in road accident claims.
Headnote:The court addresses the issue of quantum in a road accident case occurring on October 22, 2013. The Plaintiff was found to have the right of way, and the Defendant's failure to provide evidence resulted in the liability being placed solely on them. The court examined various injuries and their corresponding compensation based on established precedents. Ultimately, the court ruled that the Plaintiff is entitled to a total of RM18,452.67 for medical expenses and additional compensation as detailed.
(a) Faedah 5% setahun bagi gantirugi am dari tarikh penyampaian saman sehingga tarikh penghakiman.
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