JUDGMENT

Qasiratul Jannah Usmani Othman M:

A) Introduction

[1] This is my grounds of judgment in respect of the appeal filed by the Plaintiffs on the issue of liability and quantum.

B) Backgrounds Facts

i. Parties

[2] At the time of the accident, the First Plaintiff was riding a motorcycle bearing a registration number of AGH 1257 and the Second Plaintiff was the motorcycle's pillion rider.

[3] At the material time, Defendant was driving a Hilux bearing a registration number of AHE 6333.

ii. Brief Facts

[4] It is an undisputed fact that the collision occurred whilst the Defendant was trying to overtake another car in front of him. It is also an undisputed fact that there were no eyewitnesses to the collision between the Plaintiffs and the Defendant.

iii. Plaintiffs' Version

[5] On 19 January 2021 approximately at 10 am, the First Plaintiff was riding a motorcycle bearing a registration number of AGH 1257 together with the Second Plaintiff as a pillion rider, heading from Kampung Ubi to Tanah Rata.

[6] It is the Plaintiffs' version of the accident that they were riding the motorcycle heading from Kampung Ubi to Tanah Rata and upon reaching the KM 58.5 of the Jalan Besar Tanah Rata-Ringlet, a Hi