AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim
Catchwords
Tort – Negligence – Road traffic accident – Motorcycle colliding with rear left side of car – Whether trial court erred in fixing 100% liability on motorcyclist – Failure of driver to signal before changing lane – Sudden lateral movement – Physical damage pattern corroborating plaintiff’s version – Investigating officer’s independent evidence – Sessions Court’s misdirection – Contributory negligence – Apportionment of liability – Whether 70:30 apportionment justified. Evidence – Physical evidence – Photographs and damage pattern – Consistency with plaintiff’s account – Contradiction of defendant’s police report – Weight to be accorded to independent investigating officer’s testimony – Failure of trial court to evaluate material evidence – Appellate intervention. Negligence – Standard of care – Failure to give advance signal before changing lane – Breach of basic road safety obligation – Dominant cause of collision – “Last opportunity” principle – Motorcyclist’s duty of heightened vigilance when riding on road shoulder – Contributory negligence. Damages – Personal injuries – Assessment – Facial fractures – Multiple distinct fractures – Whether global award permissible – Separate assessment required – Error of principle – Mechanical deduction for overlapping injuries – Requirement of functional analysis – Failure to consider neurosurgical injury – Proper assessment of general damages – Appellate reassessment. Damages – Overlapping injuries – Whether blanket percentage deduction permissible – Distinct anatomical injuries producing separate pain and disability – Improper mechanical approach – Principles governing overlapping injuries. Practice and Procedure – Appeal – Interference with findings of fact – Misdirection – Error of principle – Failure to evaluate material evidence – When appellate court entitled to intervene.
Practice Areas
Judges (1)
Case Significance
AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim is a High Court (Mahkamah Tinggi) decision dated November 25, 2025 (citation: ta-12b-15-12-2024). The case was decided by Yusrin Faidz bin Yusoff.
Key issues: Practice and Procedure – Appeal – Interference with findings of fact – Misdirection – Error of principle – Failure to evaluate material evidence – When appellate court entitled to intervene..
What was the outcome of AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim?
AZAHA BIN DERAMAN v Mohd Napi B Abdul Razak & Mohd Hanafi B Hasim is a High Court decision dated November 25, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-12b-15-12-2024)