Introduction

[1] This is an appeal by the 1st Defendant (D1) and 2nd Defendant (D2), the driver and owner of a car, who were found 100% liable for a road traffic accident on 28 February 2018 that injured the Plaintiff, a motorcyclist. Plaintiff cross appealed for a particular item of future expense not allowed by the trial Judge - customized insoles and prosthetic toe amounting to RM651,330.00 over a period of 50 years.

[2] There is a question pending at the Court of Appeal, whether that cross appeal is competent, ie if it should have been filed as a separate Notice of Appeal. A previous High Court Judge had dismissed a Preliminary Objection raised by Defendants to t