High Court sets aside RM1.2mil accident award due to fraud

 

Justice Abdul Wahab Mohamed said there was evidence that L Ravi was under the influence of alcohol, which the trial judge failed to take into account.

IPOH: 

The High Court here has set aside a sessions court’s award of RM1.2 million in damages to a motorcyclist in a negligence claim, saying the incident was mired in fraud.

Justice Abdul Wahab Mohamed said the trial judge had erred by failing to give due weight to the most reliable and direct evidence available.

He said the judge had also failed to evaluate plaintiff L Ravi’s account of the crash, because photographic evidence supplied by the police showed no damage to the rear of his motorcycle.

In his statement of claim, Ravi said a car hit the rear of his machine. However, his medical report stated that he was alone and crashed on a slippery road.

Wahab said there was evidence that Ravi was under the influence of alcohol, which the trial judge also failed to consider.

The physical evidence was crucial but the sessions court judge erred when she found significant evidence immaterial,

 he said in allowing an appeal by Liberty General Insurance Bhd, previously known as AmGeneral Insurance Bhd.

The insurance company, represented by Appandi Yatim, had intervened in the trial, alleging fraud and conspiracy.

The High Court also ruled in favour of car driver, G Gunalan, and vehicle owner G Yesu Steven who had insured the vehicle with Liberty.

Wahab said the defendants had raised doubts about the alleged crash, while the police reports seemed to suggest fabrication.

Earlier, the defendants’ lawyers – K Selvanayagan and Kenneth George William – pointed out there were material discrepancies between Ravi’s testimony and that of his witnesses.

Ravi, represented by S Ganesh, claimed to have been hit by a car driven by Gunalan at KM57 of the Ipoh-Kuala Lumpur trunk road at 6.30pm on Oct 17, 2016.

As a result, Ravi said he suffered severe injuries including lower limb paralysis. He lodged a report about 90 days after the incident, while Gunalan filed his report nine months later.

Gunalan and Steven were not called to give evidence during the trial.

Last year, the sessions court ruled in Ravi’s favour and awarded him RM1.24 million in damages, plus RM44,000 in costs. - FMT