The sessions court in Kota Bharu dismissed Zulfadhli Zulkifli’s personal injury claim and ordered him to pay costs to Liberty Insurance. (Pexels pic)
PETALING JAYA: A sessions court in Kota Bharu has dismissed a motorcyclist’s personal injury claim after finding that he had failed to prove the involvement of a car, which he claimed had collided with him in an accident seven years ago.
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.
Bazli also ordered Zulfadhli to pay costs to Liberty Insurance, to be assessed based on rates prescribed in the Rules of Court 2012.
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 car owner Nik Him Nik Soh, 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 amiss.
The adjusters found that an uninsured car was involved in the accident with Zulfadhli.
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 JS Naicker represented Liberty Insurance, while Anuratha Devaraju represented Faizal and Nik Him.
Several lawyers from Messrs Zufaidi & Associates represented Zulfadhli during the proceedings.
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