Motorcyclist’s damages raised to RM1.17mil after court puts full blame on driver
Shah Alam High Court overturns 70-30 liability split after ‘silent evidence’ shows car swerved into rider’s path.
On December 31, 2018, S Thenesh, a motorcyclist, suffered severe injuries and became permanently disabled after a crash in Shah Alam. The Shah Alam High Court recently ruled that driver Norba’idah Abd Majid was fully at fault for the accident, overturning the previous 70-30 split of liability. The court found that Norba’idah swerved into Thenesh's path, as evidenced by the damage to Thenesh's motorcycle and witness accounts.
The physical "silent evidence" of the damage was decisive, showing a clear inconsistency with the defendant's claim that Thenesh had crashed into the rear of the car. The High Court awarded Thenesh RM1.17 million in damages, significantly higher than the RM400,000 initially awarded by the sessions court.
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- Motorcyclist’s damages raised to RM1.17mil after court puts full blame on driver freemalaysiatoday.com
