Bedridden man’s suit against insurance company dismissed

Bedridden man’s suit against insurance company dismissed

AXA Affin says the car driver lodged a false report about the alleged collision with the motorcyclist who was injured.

The judge had assessed the damages to be about RM3.9 million should the negligence suit be allowed. (Reuters pic)
PETALING JAYA:
The Selayang sessions court has dismissed a RM3.9 million claim for personal injury by a motorcyclist, who is now bedridden after suffering multiple fractures to his vertebrae.

Judge Nor Rajiah Mat Zain said N Vikneswaran, 35, failed to prove his claim against insurance company AXA Affin General Insurance Berhad, N Shathiswaran and R Muneeswari.

Shathiswaran was the driver of the car Vikneswaran had collided with, while Muneeswari is the owner of said car.

Nor Rajiah ordered Vikneswaran, Shathiswaran and Muneeswari to pay costs to AXA Affin.

As it is required under the law for appeal purposes, the judge had assessed the damages to be about RM3.9 million should the negligence suit be allowed.

In his statement of claim, Vikneswaran alleged that he collided with the car driven by Shathiswaran at Jalan Batu Caves, Selangor at about 5am on Aug 29, 2016.

Muneeswari had taken a vehicle insurance policy from AXA Affin.

The insurance company had ordered its adjusters to investigate the claim as they suspected something amiss.

In their statement of defence, AXA Affin had alleged that Shathiswaran had lodged a false report about the involvement of the car in the alleged collision.

Lawyer JS Naicker and Rosmaria Daud represented AXA Affin, counsel M Sooriabalan appeared for Vikneswaran, while M Thanajayan represented Shathiswaran and Muneeswari.

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