Motorcyclist Loses Appeal As Court Rules Car Not Involved In Crash

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The High Court in Kota Bharu awarded RM3,000 in costs to Liberty Insurance, which intervened in the case, and RM1,000 to the respondent, car driver Faizal Salleh, and vehicle owner Nik Him Nik Soh. (File pic)
PETALING JAYA: The High Court in Kota Bharu has dismissed a motorcyclist’s personal injury claim, ruling that the sessions court had correctly found that he failed to prove the involvement of a car, which he claimed had collided with him in an accident eight years ago.
Last year, sessions court judge Ahmad Bazli Bahruddin rejected Zulfadhli Zulkifli’s claim for RM330,000 in damages after he was unable to show he was run into by a car driven by Faizal Salleh.
“There is no merit in the appeal as the trial judge did not commit any error of law,” Justice Hasbullah Adam said in his oral ruling delivered online today.
The High Court judge also awarded RM3,000 in costs to Liberty Insurance, which intervened in the case, and RM1,000 to the respondent, Faizal, and vehicle owner Nik Him Nik Soh.
In his police report, Faizal claimed that he collided with Zulfadhli’s motorcycle along Jalan Bukit Marak in Kota Bharu, at about 5.30pm on Dec 12, 2017.
Zulfadhli then filed the suit against Faizal and Nik Him, who had insured the car with Liberty Insurance.
The insurance company ordered its adjusters, Malayan Adjustment Company Sdn Bhd, to investigate the claim as they suspected something was amiss.
The adjusters found that the car involved in the accident with Zulfadhli was uninsured.
Despite this, Zulfadhli maintained the negligence suit he filed in 2022.
In their defence, Liberty Insurance claimed that both Zulfadhli and Faizal had lodged false reports about the involvement of Nik Him’s car.
Lawyer Imavathi Subramaniam and Dhanaraj K Naidu represented Liberty Insurance, while D Anuratha represented Faizal and Nik Him.
Lawyer Nur Amalin Aishah Arifin represented Zulfadhli. - FMT

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