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03.1.1456.03.UOAB
04-05-01-0104 (BI)
The Claims Officer,
BY HAND
Dear Sirs,
Re :
Reference is drawn to the abovecaptioned matter which is fixed for hearing on the 20th
of February, 2003 and we append herebelow our views for your consideration.
(1)
LIABILITY
1.1
involved your insured motorcar No. BEF 2034, driven by your insureds driver,
and motortaxi No. NY 953 driven by the 1st Claimant together with the 2nd , 3rd
,and 4th Claimants as passengers in the said motortaxi..
1.2
According to your insured's drivers police report, he was travelling along Jalan
Rasah from Senawang
1.3
Your insured driver attempted to avoid the accident by swerving to the right but
instead, he collided into an on coming motorvehicle which was motortaxi No. NY
953.
1.4
The 1st Claimant in his police report states that he was driving motortaxi No. 953
from Rasah Jaya heading to downtown Seremban with three (3) passengers.
1.5
When he reached Jalan Rasah, suddenly your insured motorcar, coming from
the opposite direction overtook another motorcar and encroached into the
motortaxis path of travel.The 1 st Claimant attempted to avoid colliding into your
insured motorcar but it was to no avail due to close proximity.
1.6
We are in receipt of a letter from the police authorities confirming that the 2 nd,3rd
and 4th Plaintiffs were indeed passengers in the motortaxi No. NY 953.
1.7
We are in receipt of the police sketch plan and key as well as the police
photographs depicting the site of the accident.
1.8
1.9
The double lines at the centre indicates that motorists from both sides of the road
are prohibited from overtaking as there is a slight bend to the right where one
heads towards Rasah.
1.10
F indicates the position of the motortaxi No.NY 953 and G indicates the
position of your insured motorcar which is situated entirely in the opposite lane.
The distance from C, the centre double lines to G is two (2) metres. H are
the position of the glass splinters which is in all likelihood the point of impact.
1.11
1.12
The police photographs also show that both the vehicles collided head-on into
each other in the motor taxis lane. The collision occurred at the beginning of a
bend which bends slightly to the left from the vantage point of the motortaxi and it
bends to the right from the view point of your insureds motorcar.
1.13
The above evidence indicate that the collision between the Plaintiffs motortaxi
and your insured motorcar had indeed occurred when your insureds driver had
encroached into the path of the Plaintiffs motortaxi and colliding head- on into
the latter.
1.14
The 1st Plaintiff mentioned in his police report that your insured motorcar was
overtaking another motorcar and your insureds driver had admitted in his police
report that he swerved to the right in order to avoid colliding into another
motorcar in his lane.
1.15
Given the above circumstances, the Court will in all likelihood find your insured
driver negligent when he went over the double line and colliding with the
Plaintiffs motortaxi.
(2)
QUANTUM
2.1
The claim is for the usual head of damages which shall be dealt with individually.
2.2
(b)
Special damages
The above claim has been particularized as follows:(i)
Damage to clothing
RM 100.00
(ii)
RM
14.00
(iii)
RM
20.00
(iv)
RM
40.00
(v)
RM
500.00
by
Hospital
(vi)
Hospital
RM
Drinks
RM
(viii)
RM 300.00
(ix)
(vii)
800.00
RM
Item (i) can be ignored. Item (ii),(iii) and (iv) would have been incurred in
the ordinary course of events and ought to be allowed. We recommend
the provision of a global sum of RM 80.00 to cater for these items. Items
(v),(vi) and (vii) would also have been incurred in the ordinary course of
events and ought to be allowed and we would recommend a global sum
of RM 700.00 to cater for these items. We are not in receipt of any
documents supporting the claim under item (viii) and advise against
allowing the same at the moment. We are also not in receipt of any
documents supporting the claim under item (ix) against allowing the same
as well at the moment. Allowable damages under his head would hence
total RM 780.00.
2.
Claimants only sustained minor injuries. We will revert with our views
once the medical report is made available to us.
(b)
Special damages
The above claim has been particularized as follows:(i)
Damage to clothing
(ii)
(iii)
RM 100.00
-
RM
40.00
RM
200.00
As the medical report of the 2 nd Claimant has not been made available to
us, we would revert with our views on the above captioned damages in
due course.
(C)
CONCLUSION
We make no recommendation for settlement of this matter at this juncture until the
receipt of the 2nd Claimants medical report. All relevant documents are enclosed
herewith for your perusal and retention. Kindly let us have your instruction vis--vis
settlement of the above matter as soon as possible.
Yours faithfully
R MOHANA KRISHNAN
Enc: