Motorcyclist’s damages raised to RM1.17mil after court puts full blame on driver

In a recent legal ruling, the Shah Alam High Court has awarded a motorcyclist, S Thenesh, a significant sum of RM1.17 million in damages following a 2018 highway accident. The court has ruled that the driver, Norba’idah Abd Majid, was wholly responsible for the incident, overturning a previous 70-30 split of blame by the sessions court.

The High Court's Judicial Commissioner, Shoba Dorai Rajah, found that Norba’idah had swerved into Thenesh’s path, contradicting the driver’s claim that the motorcyclist had crashed into the rear of her car. The court’s decision was based on evidence including the damage to the vehicles, a witness account, and other corroborating evidence.

The judge noted that Norba’idah’s car sustained damage only at the rear-left bumper, while Thenesh’s motorcycle suffered significant damage to its right front fork, which was inconsistent with the defendant’s claim.

Additionally, the court accepted the testimony of witness S Jayachitra, rejecting the sessions court’s dismissal of it. This corroborated the witness’s account and the vehicle damage, road layout, and Norba’idah’s own admission that she was approaching Taman Kota Cheras via a left-side slip road at the time of the accident on December 31, 2018.

The court also dismissed the argument that Thenesh’s retrograde amnesia prevented him from proving his case, stating that independent witnesses, admissions, as well as physical and documentary evidence could establish liability.

Thenesh sustained severe injuries from the accident, including a traumatic brain injury, multiple facial fractures, and near-total hearing loss in his right ear, making him permanently disabled and unemployable. The High Court upheld his appeal on liability, dismissed the defendant’s appeal, and ordered RM10,000 in costs for each appeal.

The case was represented by Jagjit Singh and Premjit Singh for Thenesh, and C Manimaran and S Nirmala for Norba’idah and the registered owner of the car, Hazlishahmi Mohamad. Both parties have subsequently filed appeals to the Court of Appeal.