KUALA LUMPUR: The Ipoh High Court has overturned a Sessions Court's decision to grant RM1.2 million in damages to a motorcyclist in a negligence case, citing fraudulent elements involved in the claim.
Judge Abdul Wahab Mohamed said the trial judge failed to consider the most credible and direct evidence.
He said the judge also did not correctly assess the plaintiff, L. Ravi's account of the accident, especially as police photographic evidence showed no damage to the rear of his motorcycle.
Ravi claimed in his statement that a car had collided with the rear of his motorcycle. However, his medical report indicated that he had been alone and had crashed on a slippery road.
Abdul Wahab said there was evidence suggesting Ravi was under the influence of alcohol, a fact that the trial judge also overlooked.
"The physical evidence was crucial, but the session's court judge erred when she found significant evidence immaterial," he said.
He made this decision after allowing an appeal by Liberty General Insurance Bhd, formerly AmGeneral Insurance Bhd.
The insurance company, represented by Appandi Yatim, had participated in the trial, alleging fraud and conspiracy.
The High Court also ruled in favour of the car driver, G. Gunalan, and the vehicle owner, G. Yesu Steven, who had insured the vehicle with Liberty.
Abdul Wahab said the defendants had cast doubt on the reported accident, with police reports suggesting possible fabrication.
Earlier, the defendants' lawyers, K. Selvanayagan and Kenneth George William, pointed out significant discrepancies between Ravi's testimony and his witnesses' accounts.
Ravi, represented by S. Ganesh, claimed he was struck by a car driven by Gunalan at KM57 of the Ipoh-Kuala Lumpur trunk road at 6.30 pm on October 17, 2016.
As a result, Ravi said he suffered severe injuries, including paralysis of the lower limbs. He lodged a police report approximately 90 days after the incident, while Gunalan filed his report nine months later.
Gunalan and Steven were not summoned to testify during the trial.
Last year, the Sessions Court ruled in Ravi's favour, awarding him RM1.24 million in damages plus RM44,000 in costs.