Introduction

[1] The Plaintiffs, in their Statement of Claim, sued the Defendants for negligence arising from a road accident that occurred on 14 October 2022 at KM 221.2 (Northbound) of the North-South Expressway (PLUS). The accident involved a motorcycle, bearing registration number VHC 7510 ridden by the First Plaintiff from Alor Gajah towards Seremban and he collided with a traffic cone that was present on the highway. The Second Plaintiff, as the registered owner of motorcycle VHC 7510, sustained damage to the motorcycle, whilst the First Plaintiff suffered injuries as a result of the accident.

[2] During the trial:

(a) the Plaintiffs called two witnesses to support their case:

(i) PW1 - Sarjan Amir Firdaus (Investigating Officer); and

(ii) PW2 - the First Plaintiff;

(b) the Defendants, on the other hand, called three witnesses to testify as follows:

(i) DW1 - Shahrul Nizam (PLUS Patrol);

(ii) DW2 - Azmi Nor (PLUS Patrol); and

(iii) DW3 - Mohd Zahiruddin (Section Manager for operations and maintenance management).

[3] After a full trial and thorough consideration of the submissions from both parties, this court allowed the Plaintiff's claim with apportioned liability at 6