[1] This is the Appellants' appeal against part of the decision of the learned Sessions' Court Judge ("SCJ") after trial at Kota Kinabalu given on the 15 October 2015 ("the said judgment").

[2] The Respondent has also filed a cross-appeal against the said judgment.

Brief Facts

[3] The brief facts of the case are as follows:-

1. The 1st and 2nd Appellants' claim arose from a collision between the 1st Appellant's vehicle, namely, an Isuzu TFR pickup truck bearing the registration No SA 7972-X, driven by the 2nd Appellant at the material time and the Respondent's vehicle, namely a Proton sedan car bearing the registration No SA 7286-H driven by the Respondent at the material time.

2. On 2 July 2011 at about 10.15pm, the 2nd Appellant was driving the 1st Appellant's vehicle along Papar-Penampang Road from Papar towards Dongonggon. At the material time, the Responden