GLUP4094 ADVOCACY SKILLLS AND LEGAL OPINION WRITING

A172

OPINION WRITING

Instruction to Counsel:-

Mashitah binti Razi (widow suing on her behalf and on behalf of her two children of Azan
Bakkar, deceased) v Ramu

Counsel is instructed by the insurance company (TELESCO Co.), who is for the insured, Ramu to
advise on the liability and quantum of damages.

Mashitah binti Razi lodged police report and she states that on 2/5/2017, at or about 6.30 p.m.,
she was told by someone that her husband who was riding motorcycle no. PKV 2215 was involved
in an accident with a motorcar no. KAC 2725. He was then admitted to the Alor Setar General
Hospital and was receiving treatment at the ICU. He died on 31/12/2017.

Ramu lodged police report, he states that on 2/5/2017, at or about 6.30 p.m.. he was driving
motorcar no. KAC 2725 from Jitra heading towards Alor Setar. When he reached near Jinnan
Estate, he saw a motorcar had pulled over to the side of the road, he avoided to the right, when
suddenly a motorcycle no. PKV 2215 which was proceeding from the opposite direction had
collided into his motorcar, causing him to skid and collide into a tree and some stalls at the side of
the road. The front, left and right side of the motorcar was damaged due to the collision. He
admitted to the adjuster that he had swerved and encroached onto the lawful path of the deceased.

The deceased is survived by his wife and two children. The deceased’s average monthly income is
RM 3,500.00. He was working in accounting firm as a manager. He was 47 years old at the
material time.