JUDGMENT

Alice Loke Yee Ching JC:

Introduction

[1] This is an appeal by the Plaintiff against the decision of the Sessions Court Judge in respect of both liability and quantum in a running down claim. The appeal by the Plaintiff is heard together with the Defendant's appeal in Civil Appeal No: BA-12B-200-12/2018.

[2] Both parties have appealed against the decision where liability was apportioned equally between the parties. The Plaintiff contends that the Defendant ought to be found wholly liable for the accident.

[3] As a result of the accident, the Plaintiff suffered serious injuries. The Sessions Court award on several items of general damages and special damages also forms the subject matter of this appeal by the Plaintiff.

Background Facts

[4] On 15 May 2016 at about 7.30 pm, the Plaintiff was riding his motorcycle a Yamaha 250 cc model and bearing registration No WC 5735D along the Elite Highway, from the direction of Sepang towards Selayang Jaya. The 1st Defendant was driving an Audi S4 motorcar of registration No WYS 8823 belonging to the 2nd Defendant, at the material time. The motorcar was moving in the same direction as the Plaintiff. It was dusk.

[5] At KM 20.4, the Plaintiff l