[1] These are my grounds of judgment in respect of the Defendant's appeal and the Plaintiff's cross-appeal in Civil Appeal No WA- 12BNCVC-27-03/2017 (" Appeal 27 ") and the Second Third Party's Appeal in Civil Appeal No WA-12BNCVC-32-03/2017 (" Appeal 32 ") against the judgment of the learned Sessions Court Judge ("SCJ") after full trial in the case Summons No A53KJ-422-06/2015 at the Sessions Court.

[2] The Plaintiff in the Sessions Court, Mohd. Hero, had claimed against the Defendants, Yap Weng Ken and Soon Yik Tractor Work damages resulting from a road accident that occurred on 10 April 2014 between the Plaintiff's motorcycle and the backhoe driven by the first Defendant on Lebuhraya Sungai Besi Sambungan Timur, Kuala Lumpur. The Defendants