Judge Norsalha Hamzah said the suit against Liberty Insurance General Berhad also failed because of conflicting evidence adduced at trial and the witnesses’ questionable credibility.

“After hearing the testimonies from witnesses, I find that the plaintiff has failed to prove his case on the balance of probabilities,” she said.

Norsalha also granted the insurance company’s counterclaim for a declaration that the suit was fraudulent and that the policy covering the insured vehicle was unenforceable.

She also ordered the plaintiff to pay the insurance company RM4,000 in costs.

In his statement of claim, the plaintiff alleged that he had suffered fractures to his right leg and face after being struck by a car driven by Nurul Shahira Shahinurin, an auxiliary policewoman, while walking outside his home.

The incident was alleged to have taken place in Kampung Belukar Beseri at about 7pm on April 28, 2021.

The car was owned by Rohayu Ismail and insured by Liberty.

Nurul, Rohayu and Liberty were named the first, second and third defendants, respectively.

Following the alleged incident, Nurul lodged two conflicting police reports as to how the accident happened. She later withdrew both by way of a third report.

An investigation by an insurance adjuster revealed that she had been approached by a tout and coached into participating in the fraudulent claim brought by the plaintiff against the insurance company.

Lawyer K Guhapria appeared for the insurance firm, while S Devaendran represented Shahira and Rohayu. Lawyer Suhaila Ahmad acted for the plaintiff.