JUDGMENT

D Sunita Kaur Jessy, SJ:

[1] The collision occurred between two motorcycles with the registration No AHE 5905 (plaintiff) and AHN 3512 (defendant) at KM 8, Jalan Tanjong Belanja-Manong, Ipoh on 4 January 2014 around 9:00 pm. Liability was equally distributed between the plaintiff and the defendant and the plaintiff's claim for general and special damages was allowed together with costs and interest.

[2] The plaintiff being dissatisfied with the decision has filed an appeal on the issue of liability and quantum. A cross-appeal was also lodged by the defendants on the issue of liability only.

The Plaintiff's Version

[3] The plaintiff's version was that he was riding his motorcycle from bottom to top when he was collided into by the defendant. The plaintiff alleged that the defendant is entirely to be blamed in this accident.

The Defendant's Version

[4] The defendant also from the same direction (bottom to top) was making a right turn and alleged that the plaintiff collided into him from the rear and is the sole cause of the accident.

Findings of This Court On The Issue of Liability

[5] The investigation officer testified on the direction of both motorcycles that is from bottom to top