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 that effect, and the hearing of the appeal had been postponed for some time to await the outcome.

[3] Due to delays in the disposal of the appeal, the last straw being a postponement of the scheduled hearing of the appeal at the request of lawyers, this Court set the appeal and cross appeal down for hearing, the validity of the latter to be subject to the outcome of the appeal.

Background Facts

[4] There was a collision between the motorcycle and the car, both travelling in the same direction on a narr