Judicial commissioner Rosli Yusoff said the medical notes about Irsyad Nasir and pillion rider Raja Syahzieman Raja Zambri revealed that the accident occurred as the motorcycle skidded and collided with a road divider.
As a result, Irsyad’s right leg had to be amputated.
Rosli said police investigations which commenced nine months after the accident had zero probative value as it was merely based on the parties’ versions of what transpired and not independent evidence.
He said evidence given by Irsyad’s brother that the driver of the car, Mahani Abdullah, had admitted involvement in a Facebook post and subsequently to him when he met up with her, was hearsay as Mahani was not called as a witness during the trial.
“The purported damage to the right mudguard of the car did not match with a knock to the left handle of Irsyad’s motorcycle,” he said in allowing the appeal by Generali Insurance Malaysia Bhd on Monday.
Irsyad and Raja Syahzieman, represented by Yusriman Yusof and Elango Manivel, had sued Mahani, who purchased the motor vehicle insurance from the company previously known as MPI.
MPI, represented by N Ratnavathy, K Viknesvaranand and T Archana Devi, said at the trial stage that it had suspected fraud due to the late reporting by all parties concerned.
The sessions court last year awarded RM1.1 million to Irsyad and Raja Syahzieman after finding Mahani liable for the accident, which occurred at a road heading towards Taman Bendahara, Pengkalan Chepa, on Oct 2, 2017.
Irsyad is said to have lost control of his motorcycle at a bend and veered to the right, crushing his right leg against the metal barrier which subsequently led to the lower limb being amputated.
He lodged a report on July 7, 2018, implicating Mahani in his negligence claim.
Mahani, who was represented by Abqaary Aziz, then filed her own report four days later and admitted that she was driving the car along the road and grazed Irsyad’s motorcycle.
On the same day, Raja Syahzieman filed his report, claiming that Mahani was responsible for the accident.