Judicial Commissioner Elaine Yap said motorcycle owner Azura Nor and her brother, Ahmad Mustaqim, who was riding the motorcycle, were not liable for the accident involving the plaintiff, Aminizam Zainal Abidin.

She also awarded RM60,000 in costs to Pacific & Orient Insurance Co Berhad, the insurer of the motorcycle ridden by Mustaqim.

In the evidence adduced in the sessions court, Aminizam said he was riding his motorcycle while Mustaqim was part of a convoy on the Karak Highway at 3am on Aug 14, 2016, when the accident occurred.

As a result of the collision, Aminizam suffered severe traumatic head, facial and hand injuries.

Mustaqim later lodged four police reports, denying involvement in any collision with Aminizam.

The insurance company, suspecting fraud, applied to intervene in the suit and was made the third defendant, as it said the accident involving Mustaqim’s motorcycle was reported much later by Aminizam.

However, the sessions court found Azura and Mustaqim liable and ordered the insurance company to pay RM1.1 million.

The sessions court judge also dismissed the insurance company’s counterclaim that the insurance policy covering Mustaqim’s motorcycle was null and void.

In her judgment, Yap said Aminizam’s pleaded case did not match the version of the events presented in court through his two witnesses.

She said Aminizam’s medical history suggested that the accident occurred because his motorbike skidded.

“Due to conflicting evidence, Aminizam had failed to discharge the burden of proving the negligence of the second defendant (Mustaqim) in the accident,” she said.

In the upshot, the judge allowed the insurance company’s appeal and ruled that Aminizam had failed to meet the burden of proof.

Lawyers T Archana Devi, N Ratnavathy and K Viknesvaran appeared for the insurance firm, Aisha Jothilingam acted for Aminizam, while M Thanajayan represented Azura and Mustaqim.