Ridhwan Hadibb bin Mohmad Haris v 1. ) Herry Kurniawan 2. ) Plastech Manufacturing Sdn Bhd 3. ) AXA AFFIN GENERAL INSURANCE BERHAD

ba-12b-45-06-2025 High Court (Mahkamah Tinggi) 4 February 2026 • BA-12B-45-06/2025 • 12 min read
4 cases cited (0 SG, 4 foreign)

Outcome

Therefore, this appeal is dismissed on the grounds that the Appellant failed to prove, on a balance of probabilities, that the Respondents were negligent and that the primary injuries now claimed directly resulted from the 14 September 2018 accident.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-12b-45-06-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

KEYNOTE- Appeal from Sessions Court- Tort - Liability in RTA-Standard of Appellate Reviews- Motor Insurance claim-on a balance of probabilities, the negligence of the Respondents- Causation and Novus Actus Interveniens-. Independence and Admissibility of the Expert Evidence- Delay in reporting to the police- Riding between larger vehicles- IO’s opinion on negligence to replace the court’s role as the legal fact-finder- Appellate court's role in interfering in the lower court’s fact finding.-Plainly wrong test.

Practice Areas

Tort Damages

Judges (1)

Shoba Rajah a/p Dorai Rajah Delivered

Counsel (5)

Edwin Lewis Firm Isharidah, Ho, Chong & Menon Firm Edwin A/L Jerome E Lewis Counsel Appellant SS Gill Counsel Respondent Vinoshini Saminathan Counsel Respondent

Parties (4)

AXA AFFIN GENERAL INSURANCE BERHAD Respondent Plastech Manufacturing Sdn Bhd Respondent Herry Kurniawan Respondent Ridhwan Hadibb bin Mohmad Haris Appellant

Cases Cited (4)

MY (4)
[1966] 1 MLJ 145 [2019] MLJU 1016 [2020] MLJU 1469 [2024] MLJU 2163

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12b-45-06-2025)