Muniandy Kannyappan JC:

Preface

[1] It was an accident case where the plaintiffs were travelling, and at KM 211.7 of the North-South Expressway, their Motorcar No WJP 817, supposedly hit an iron object which was in their path, on the right lane. As a result of the accident, the 2nd plaintiff who was the front passenger in the car suffered serious injuries to the sole of her feet.

[2] The case was first heard at the Magistrates' court, Taiping, where the presiding Magistrate had dismissed the plaintiffs' claim. Being dissatisfied, they had appealed against that decision to the High court, Taiping. After hearing the appeal, this court found appellate intervention was justified and has reversed decision of the Magistrate. On reversal, liability is now apportioned on a 60/40 percentage basis, wherein the 1st plaintiff is 60% liable and defendant 40% liable for the accident. As the 2nd plaintiff is an innocent passenger in the vehicle she was travelling, she is not liable at all. On her claim for damages, in law she is entitled to claim fully from the other tortfeasor, the defendant who is responsible for maintenance and safety of vehicles and motorist travelling on the highway. Th