MOHAMAD KHIRUL MIZAN SHAFIE & ANOR vs YUE AH KAI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2002 MarsdenLR 1351

HIGH COURT MALAYA TEMERLOH
MOHAMAD KHIRUL MIZAN SHAFIE & ANOR – Appellant
Versus
YUE AH KAI – Respondent

Petitioner Advocates:G Dorai ,Respondent Advocate: Clement Joseph

JUDGMENT

Hishamudin Yunus J:

[1] This is an appeal against the decision of the learned Sessions Court Judge, Temerloh, of 1 March 1999 dismissing the appellants'/plaintiffs' action against the respondent/defendant for damages in respect of injuries suffered.

[2] I allowed the appeal with costs on 9 May 2000. In my view, the findings and decision of the Sessions Court Judge was against the weight of evidence. On the evidence, she ought to have found the defendant liable in negligence and decided in favour for the plaintiffs. I shall now give my grounds.

On The Issue Of Liability

[3] On 26 November 1994, at about 11.30pm, a collision occurred between a motorcycle ridden by the plaintiffs (with the first plaintiff, PW4, as the rider; and the second plaintiff, PW3, as the pillion rider) and a bus driven by the defendant somewhere along the Raub-Kuala Lipis road. Both plaintiffs suffered serious physical injuries as a result of the accident.

[4] According to the plaintiffs, they were from the direction of Kuala Lipis heading towards the direction of Raub while the defendant was from the opposite direction. Originally, each party's vehicle was on its proper lane. However, as the plaintiffs' m

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2002 MarsdenLR 1351

HIGH COURT MALAYA TEMERLOHMOHAMAD KHIRUL MIZAN SHAFIE & ANOR – AppellantVersusYUE AH KAI – Respondent

HIGH COURT MALAYA TEMERLOH
MOHAMAD KHIRUL MIZAN SHAFIE & ANOR – Appellant
Versus
YUE AH KAI – Respondent