DHARMALINGAM A/L SANGAMANY v 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE INSURANS (MALAYSIA) BERHAD

ba-12b-43-04-2024 High Court (Mahkamah Tinggi) 13 April 2025 • BA-12B-43-04/2024

Catchwords

The Appellant/Plaintiff claimed to have sustained serious injuries, including the amputation of two fingers, as a result of a motorcycle accident on 17 February 2018, while riding a motorcycle bearing registration number WYY 4581. The accident was said to have involved another vehicle bearing registration number WKG 189. The First Respondent/Defendant was the driver and owner of motorcar WKG 189. The Second Respondent/Defendant, the insurer of the said vehicle, was subsequently allowed to intervene in these proceedings following a successful appeal to the High Court, which was upheld by the Court of Appeal (see Tokio Marine Insurans (Malaysia) Berhad v Dharmalingam & Anor [2021] 8 AMR 681; [2021] CLJU 1647; [2021] MLRHU 1595 and Dharmalingam Sangamany lwn Sivakumar Rajagopal & Satu Lagi [2022] MLRAU 24). The Sessions Court dismissed the Appellant/Plaintiff’s claim and allowed the counterclaim by the Second Respondent/Defendant after a full trial. The Appellant/Plaintiff appealed to this Court against the decision of the Sessions Court. This Court dismissed the appeal with costs of RM5,000.00. The Appellant/Plaintiff has now appealed to the Court of Appeal (in Enclosure 33) against the decision of this Court on the issues of liability, quantum, and the counterclaim. These are the grounds of decision of this Court.

Practice Areas

The Appellant/Plaintiff claimed to have sustained serious injuries, including the amputation of two fingers, as a result of a motorcycle accident on 17 February 2018, while riding a motorcycle bearing registration number WYY 4581. The accident was said to have involved another vehicle bearing registration number WKG 189. The First Respondent/Defendant was the driver and owner of motorcar WKG 189. The Second Respondent/Defendant, the insurer of the said vehicle, was subsequently allowed to intervene in these proceedings following a successful appeal to the High Court, which was upheld by the Court of Appeal (see Tokio Marine Insurans (Malaysia) Berhad v Dharmalingam & Anor 2021 8 AMR 681; 2021 CLJU 1647; 2021 MLRHU 1595 and Dharmalingam Sangamany lwn Sivakumar Rajagopal & Satu Lagi 2022 MLRAU 24). The Sessions Court dismissed the Appellant/Plaintiff’s claim and allowed the counterclaim by the Second Respondent/Defendant after a full trial. The Appellant/Plaintiff appealed to this Court against the decision of the Sessions Court. This Court dismissed the appeal with costs of RM5,000.00. The Appellant/Plaintiff has now appealed to the Court of Appeal (in Enclosure 33) against the decision of this Court on the issues of liability, quantum, and the counterclaim. These are the grounds of decision of this Court.

Judges (1)

Choong Yeow Choy Delivered

Parties (3)

Tokio Marine Insurans Berhad Respondent Dharmalingam a/l Sangamany Appellant Sivakumar a/l Rajagopal Respondent

Case Significance

DHARMALINGAM A/L SANGAMANY v 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE I... is a High Court (Mahkamah Tinggi) decision dated April 13, 2025 (citation: ba-12b-43-04-2024). The case was decided by Choong Yeow Choy.

What was the outcome of DHARMALINGAM A/L SANGAMANY v 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE I...?

DHARMALINGAM A/L SANGAMANY v 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE I... is a High Court decision dated April 13, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.