MOHD IQHWAN NULHAKIM BIN RAHIM v 1. ) LIEW YOKE KIEN 2. ) LAI YEW SAN

wa-11bncvc-37-06-2024 High Court (Mahkamah Tinggi) 14 January 2025 • WA-11BNCvC-37-06/2024

Catchwords

Appeal. Road traffic accident. Negligent lane change. Assessment of liability and damages. This judgment concerns an appeal in a running-down action involving a collision between a motorcycle and a motorcar. The High Court found that the Magistrate erred in assessing inconsistencies in the plaintiff’s evidence and in applying the principles of law on negligence. It was found that the 1st defendant was negligent in changing lanes without warning, causing the collision. The appeal was allowed on the issue of liability while the award for general damages was affirmed as fair and reasonable.

Practice Areas

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (3)

Lai Yew San Respondent Liew Yoke Kien Respondent Mohd Iqhwan Nulhakim bin Rahim Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-11bncvc-37-06-2024)