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HIGH COURT MALAYA KUALA LUMPUR
MUHAMMAD AZHAM MOHD ROZIK – Appellant
Versus
MOHD FAUZI MUSTAFA & ANOR; MOHD ROZIK WAN DIN (THIRD PARTY) – Respondent
| Table of Content |
|---|
| 1. overview of appeals and lower court findings. (Para 1 , 2) |
| 2. issues raised by the plaintiff and defendants in the appeals. (Para 4 , 5) |
| 3. conflicting factual versions of the accident incident. (Para 7 , 8) |
| 4. court's evaluation standards in assessing negligence. (Para 9 , 10 , 18 , 26) |
| 5. burden of proof in establishing liability in negligence. (Para 12 , 14 , 15 , 16) |
| 6. evidence evaluation standards and determinations. (Para 19 , 20 , 21 , 23 , 34) |
| 7. standards for quantum determination in personal injury cases. (Para 51 , 52 , 53) |
| 8. conclusion on appeals and orders for damages. (Para 62 , 63 , 64 , 65) |
Introduction
[1] There were 2 appeals in this case at the High Court ie Appeal No AB-12BNCVC-1-01/2023 and AB-12BNCVC-2-01/2023 filed by the Plaintiff and Defendants (D1 and D2), respectively, against the whole decision of the Sessions Court in Taiping. I will refer to the parties as they were at the Sessions Court. A Third-Party (TP) ie the Plaintiff's father was brought in. But technically, he was already a party in the suit as his son was suing the Defendants through him. The Sessions Court Judge (SCJ) after conclusion of the trial,
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