The Kota Bharu sessions court rules the suit is fraudulent and the plaintiff failed to prove his case against three defendants, including an insurance firm.
Judge Tengku Shahrizam Tuan Lah ruled that the negligence suit filed four years ago was fraudulent and that the late Sinidi Chee failed to prove his case against three defendants, including an insurance company, on the balance of probabilities.
However, since an appeal is pending, Tengku Shahriman assessed general and special damages at RM1.2 million for the estate.
Sinidi, 66, died on May 11 but had testified before his death. His son, Abdul Halim, 30, was appointed as the estate’s representative.
Twelve witnesses gave evidence during the trial, which spanned over a year. The Malaysian Motor Insurance Pool brought its senior manager, an adjuster, an independent witness and a forensic expert to challenge the suit.
In his suit, Sinidi said the incident occurred at around 9.30am on June 26, 2018, when he was riding his motorcycle behind a Jeep near Sekolah Kampung Keling in Kota Bharu.
Sinidi claimed the Jeep caused a tree branch to fall on him, pinning the blame on the driver, Fawaz Aiman Abdul Supian.
He also named the vehicle owner, Abdullah Faiz Abd Supian, and the insurance company as defendants. The insurance firm was allowed to become an intervener in the suit.
The company contended that a branch from a tree along the road had fallen on its own on Sinidi’s head, leaving him paralysed.
The independent witness, Amir Shamsuddin, testified that Fawaz rushed Sinidi to Kota Bharu Hospital after the incident.
Lawyers Amin Daud and G Naidu represented the deceased’s estate, while S Raam Kumar and Norleena Jamal appeared for Fawaz and Abdullah.
Counsel Kenneth William acted for the insurance company. - FMT
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