AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim
Catchwords
Tort – Negligence – Road traffic accident – Motorcycle colliding with rear left side of car – Whether trial court erred in fixing 100% liability on motorcyclist – Failure of driver to signal before changing lane – Sudden lateral movement – Physical damage pattern corroborating plaintiff’s version – Investigating officer’s independent evidence – Sessions Court’s misdirection – Contributory negligence – Apportionment of liability – Whether 70:30 apportionment justified. Evidence – Physical evidence – Photographs and damage pattern – Consistency with plaintiff’s account – Contradiction of defendant’s police report – Weight to be accorded to independent investigating officer’s testimony – Failure of trial court to evaluate material evidence – Appellate intervention. Negligence – Standard of care – Failure to give advance signal before changing lane – Breach of basic road safety obligation – Dominant cause of collision – “Last opportunity” principle – Motorcyclist’s duty of heightened vigilance when riding on road shoulder – Contributory negligence. Damages – Personal injuries – Assessment – Facial fractures – Multiple distinct fractures – Whether global award permissible – Separate assessment required – Error of principle – Mechanical deduction for overlapping injuries – Requirement of functional analysis – Failure to consider neurosurgical injury – Proper assessment of general damages – Appellate reassessment. Damages – Overlapping injuries – Whether blanket percentage deduction permissible – Distinct anatomical injuries producing separate pain and disability – Improper mechanical approach – Principles governing overlapping injuries. Practice and Procedure – Appeal – Interference with findings of fact – Misdirection – Error of principle – Failure to evaluate material evidence – When appellate court entitled to intervene.
Practice Areas
Judges (1)
Case Significance
AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim is a High Court (Mahkamah Tinggi) decision dated November 25, 2025 (citation: ta-12b-15-12-2024). The case was decided by Yusrin Faidz bin Yusoff.
Key issues: Practice and Procedure – Appeal – Interference with findings of fact – Misdirection – Error of principle – Failure to evaluate material evidence – When appellate court entitled to intervene..
What was the outcome of AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim?
AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim is a High Court decision dated November 25, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.