SHAH ALAM: A businessman who lost his winning lottery ticket has failed in his appeal to recover RM185,671 from Pan Malaysian Pools Sdn Bhd.
At the Shah Alam High Court today, Judicial Commissioner Seow Hock Peng dismissed M Mahendravarman’s appeal against a sessions court ruling rejecting his claim against the lottery operator.
The court also ordered Mahendravarman to pay RM3,000 in costs.
Mahendravarman claimed he bought a lottery ticket bearing the numbers 1515 and 1010 for RM30 at a Petaling Jaya outlet on May 14, 2022, and won RM185,671 in the draw.
He said he photographed the ticket but later lost it. He lodged a police report on May 16, 2022, and subsequently attempted to claim the prize using the photograph.
However, the company refused to pay without production of the original ticket.
During the appeal, Mahendravarman’s lawyer, R Kengadharan, argued that the sessions court placed excessive emphasis on the missing ticket without properly considering the cumulative evidence.
He said the company’s witness, Chong Yoon Yew, confirmed that the serial number in the police report matched the photograph, and that nobody else had presented the original ticket bearing that number to claim the prize.
Kengadharan also relied on Sections 61, 63 and 65 of the Evidence Act 1950, arguing that secondary evidence could be admitted in appropriate circumstances, including where an original document has been lost.
However, the company’s lawyer, Shamala Devi Balakrishnan, maintained that its rules required the original ticket to prevent fraudulent or duplicate claims.
Kengadharan said he would seek his client’s instructions on whether to pursue a further appeal.