Suit against lawyer thrown out

  • Nation
  • Thursday, 24 Nov 2005

PENANG: His daughter has long been buried, following a road accident 22 years ago. 

SEEKING COMPENSATION: Chin discussing his case with his lawyer Paul Raj after his appeal was rejected by the Penang High Court Wednesday.

And since then, Chin Kong Chew, 78, has been seeking compensation amounting to RM130,000 from an insurance company over the accident. 

However, the High Court has dealt a blow to his quest when it rejected his appeal against a dismissal of his suit against a senior lawyer for allegedly not disbursing the insurance payout. 

Judicial Commissioner John Louis O’Hara yesterday dismissed Chin’s appeal with costs against the Sessions Court's decision on June 16 last year. 

“The burden of proof is on the plaintiff's side. This is a very unfortunate case but I have to decide based on the evidence. 

“And there is no evidence for me to disturb the decision of the lower court judge,” he said. 

Chin had alleged in his suit that he had appointed N. Shanmugam of Messrs Shan and Gooi to handle the insurance claims of his daughter Hung Yu following her death in a road accident in 1983, when she was 20. 

He alleged that the RM130,000 was paid out by Commercial Union Assurance (M) Bhd (now known as Aviva Insurance Bhd) to Shanmugam’s legal firm on March 2, 1988, following an out-of-court settlement. 

He named Shanmugam as first defendant and the legal firm as the second defendant. 

The Sessions Court, in dismissing the suit, had said that there were doubts Chin had appointed Shanmugam to handle the accident claims. 

Chin said he would appeal against the High Court decision.  

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