PETALING JAYA: The Sessions Sourt in Pasir Mas, Kelantan has dismissed a youth’s claim to RM1 million from an insurance company following a motorcycle accident he purportedly had with another motorcyclist.
Azmie Azzem Bahari, who lost his right leg in the “fake accident”, had attempted to claim RM1 million from RHB Insurance Bhd for negligence and loss of future earnings but the court ruled that his claim was “tainted with fraud”.
Judge Badrul Munir Mohd Hamdy said he reached that finding after hearing evidence from witnesses, as well as from going through the exhibits and the written submissions. He said there could be negligence only if there was an accident with another motorcycle.
However, Lawyer JS Naicker, who appeared for RHB Insurance, submitted that the vehicle ridden by the youth had only hit a lamp post.
The judge said there was an element of fraud based on police reports, medical reports, evidence at the accident site, credible witnesses, as well as the conduct of the plaintiff.
“This court is satisfied that the plaintiff failed to prove his case on the balance of probabilities against the defendants,” he said, adding that RHB Insurance had managed to prove there was fraud in the accident report.
“The plaintiff is totally liable for the mishap,” Badrul said.
The incident took place in front of Hospital Kelaboran in Tumpat, Kelantan at about 4.15pm on April 3, 2016.
On Aug 29, 2019, Azmie also filed a negligence claim and loss of future earnings against another motorcyclist Shafiq Rashid.
He also included Shafiq’s sister Suhaila, the owner of the other motorcycle, and insurer RHB Insurance as defendants.
The court as a matter of procedure had assessed damages to the tune of RM450,000 if the suit was genuine.
The plaintiff and the insurance company called 20 witnesses.
