PETALING JAYA: A RM1.2 million sum awarded to a motorcyclist in a negligence case was overturned by the Ipoh High Court, citing the claim to comprise of fraudulent elements
Judge Abdul Wahab Mohamed stated the “credible and direct evidence” had failed to be taken into consideration by the trial judge in the Sessions court, the New Straits Times reported.
Last year, motorcyclist, L. Ravi was awarded RM1.24 million in damages with RM44,000 ordered in costs.
The decision was made after the company insuring the car, Liberty General Insurance Bhd, made an appeal.
Abdul Wahab added that the judge did not “correctly”, as quoted, evaluate the plaintiff’s side of the story in regards to the accident especially when photographic evidence provided by the police showed no signs of damage to the motorcycle’s rear.
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Ravi claimed that a car hit his motorcycle’s rear but a medical report showed that he was by himself during the incident and crashed on a slippery road to which Abdul Wahab pointed out the plaintiff being under the influence of alcohol, said to be a fact the Sessions Court trial overlooked.
The High Court was also in favour of the car driver G. Gunalan and the owner G. Yesu Steven who the judge said were doubtful of the accident, along with police reports that suggested “possible fabrication”, as quoted.
Their lawyers, K. Selvanayagan and Kenneth George William, previously told the court of the major inconsistencies between Ravi’s testimony and his witnesses’ accounts.
Earlier, Ravi’s lawyer S. Ganesh claimed his client was hit by the car at KM 57 of the Ipoh-Kuala Lumpur road at 6.30pm on October 17, 2016.
The crash caused Ravi to sustain multiple injuries, with his lower limbs paralysed and a police report was lodged around 90 days after the accident while Gunalan lodged his report nine months later.
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