A three-member Court of Appeal bench, led by Justice Nazlan Ghazali, said A Umavathy had failed to identify the registration number of the bike that allegedly collided with her motorcycle at Jalan 1a/3, Bandar Baru, Sungai Buloh, at about 1pm on Nov 16, 2014.

“The plaintiff claimed that the number was given to her by a relative. However, she failed to prove the involvement of the first defendant (Ahmad Saiful Abdul Jalil),” he said when delivering the unanimous ruling.

Justices Firuz Jaffril and Wan Ahmad Farid Wan Salleh also heard the appeal.

Nazlan said that Umavathy, a housewife, had given a different version of how she had suffered the injuries to the doctors who treated her initially and that a car had collided with her.

“The plaintiff’s case becomes weaker when the investigating officer was unable to confirm that the said accident with the motorcycle did take place (as she later claimed),” he said.

Nazlan said the bench also noted that Saiful paid a traffic summons issued to him but the date and time showed it was settled after he made a report claiming he was never involved in the accident.

“The plaintiff did not prove that the summons was paid by Saiful. The payment of the summons does not equate to an admission of liability,” he said, in affirming the decisions of the sessions court and the High Court.

Umavathy, who was 38 years old at the time of the accident, lodged a report stating that Saiful was responsible for the injuries sustained by her in the accident.

The motorcycle in question belonged to Siti Rosmawati Arippin, who had bought a motor insurance policy from Pacific & Orient Insurance Co Bhd.

Saiful, Rosmawati and the insurance company were brought in as defendants.

The insurance company, suspecting elements of fraud, had appointed an adjuster to investigate Umavathy’s claim and also intervened in the trial court.

Harjinder Singh represented Umavathy while Kanakkam Raju acted for the insurance firm. Saiful and Rosmawati were unrepresented.