MUHAMMAD IQBAL BIN AHMAD ROSLAN v 1. ) AmGeneral Insurance Berhad 2. ) LOGANATHAN A/L VELLAYATHAM 3. ) GOVINDAMAH A/P VEERAN
11 cases cited
(0 SG, 11 foreign)
Catchwords
This appeal arises from a negligence action in which it was not disputed that the Appellant (the Plaintiff in the court below) sustained injuries. The fundamental issue for determination is whether those injuries were caused by the negligence of the First Respondent (the First Defendant in the court below), or whether they resulted from some alternative cause. A notable feature of this case is the shift in position taken by the First and Second Respondents (the Defendants in the Court below), that is, the driver and owner of the vehicle in question, who initially denied liability, but later went further to deny any involvement in the accident altogether. To those familiar with motor vehicle insurance litigation, such shifts in position are not uncommon and often raise concerns regarding the veracity of claims, particularly in light of the prevalence of fraudulent claims intended to deceive insurers. The parties are referred to as they were in the court below. The central and sole issue in this appeal is whether the Plaintiff has established negligence on the part of the Defendants. The appeal, therefore, turns entirely on the question of liability. The Plaintiff has withdrawn his appeal on the issue of quantum, and there is no cross-appeal by the Defendants in respect of the awards granted by the Sessions Court on quantum.
Judges (1)
Counsel (6)
Case Significance
MUHAMMAD IQBAL BIN AHMAD ROSLAN v 1. ) LOGANATHAN A/L VELLAYATHAM 2. ) AmGene... is a High Court (Mahkamah Tinggi) decision dated July 16, 2025 (citation: ba-12b-127-12-2024). The case was decided by Choong Yeow Choy.
Key issues: The parties are referred to as they were in the court below..
What was the outcome of MUHAMMAD IQBAL BIN AHMAD ROSLAN v 1. ) LOGANATHAN A/L VELLAYATHAM 2. ) AmGene...?
MUHAMMAD IQBAL BIN AHMAD ROSLAN v 1. ) LOGANATHAN A/L VELLAYATHAM 2. ) AmGene... is a High Court decision dated July 16, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.
Statutes Cited
Evidence Act 1950 (Cap 56)
Rules of Court 2012
Cases Cited (11)
MY (11)
[1970] 2 MLJ 183 [1971] 2 MLJ 175 [2020] 2 MLRH 204 [2020] AMEJ 0090 [2020] MLJ 151 [2021] MLJU 255 [2023] AMEJ 3095 [2023] MLJU 3404 [2024] 5 CLJ 734 [2024] AMEJ 0723 [2024] MLJU 732
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-12b-127-12-2024)