Kemalangan di lebuh raya, mahkamah perintah ganti rugi RM1.17 juta

Mahkamah Tinggi Shah Alam has ruled that a motorcyclist who died in a road accident last December 2018 has been awarded RM1.17 million in compensation after being found entirely at fault. The High Court awarded RM400,000 to the motorcyclist, S Thenesh, based on physical evidence of the damages, testimony from witnesses, and other proof.

The court accepted the plaintiff's account that Norba’idah Abd Majid, the driver, suddenly crossed into Thenesh's lane, contradicting the defendant's claim that Thenesh had driven into the back of their motorbike. Forensic evidence supported the plaintiff's account when the defendant abruptly entered the left lane for the exit ramp.

The court dismissed the defendant's claims of amnesia and found liability could be proven through witness testimony, admissions, physical evidence, and documents. The court also considered that Norba’idah was fined RM300 for improper lane change. Although not conclusive proof of liability, it showed negligent driving. Thenesh suffered brain injury, broken bones in his face, and almost total hearing loss in his right ear.

The High Court upheld its decision on liability, rejected the defendant's appeal, and ordered RM10,000 for each appeal. Thenesh was represented by attorneys Jagjit Singh and Premjit Singh, while Norba’idah and Hazlishahmi Mohamad, the owner of the involved motorbike, were represented by C Manimaran and S Nirmala. Both parties filed appeals to the Court of Appeal.