Court throws out suit by motorcyclist, says claim of car collision false
PETALING JAYA : A sessions court in Alor Setar, Kedah, has dismissed a negligence suit filed by a motorcyclist after ruling that his claim that a car collided with his motorcycle in 2017 is false.
Judge Noor Zaihan Ali said T Vimalan had failed to prove his case on the balance of probabilities.
She said Vimalan had admitted during cross-examination that the collision did not involve a car, while another witness, V Dhayanandh, also conceded that Vimalan skidded and fell on his own.
Zaihan also pointed out that the driver of the car, Hashim Bakar, had only lodged a police report two years after the accident.
The judge, however, assessed damages to injuries suffered by Vimalan at RM352,000.
Vimalan had claimed that he was knocked down by a car driven by Hashim along the Masjid Aman intersection in Alor Setar at about 4am on Nov 3, 2017.
In his statement of claim, he said he suffered multiple injuries, including complete brachial plexus injury to his right upper limb.
He sought about RM1 million in damages for loss of earnings and orthosis to support his right arm from the owner of the vehicle, Yusof Bakar.
The insurer of the car, Tokio Marine Insurance, suspected that something was amiss and instructed adjusters to investigate and verify the accident.
They managed to trace Dhayanandh, a friend of Vimalan's friend, who lodged a police report stating that the plaintiff had skidded and injured himself on his own.
Vimalan produced 14 witnesses, including Hashim, who claimed to have collided with his motorcycle.
The insurer had called Kota Setar police criminal investigation department chief Zahrin Abdul Rahman, who affirmed that there was no evidence that a car had collided into Vimalan's motorcycle.
Lawyer Imavathi Subramaniam represented Tokio Marine Insurance while Samreet Singh Sagoo represented Yusof and Hashim. Vimalan was represented by Inderjit Singh.
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