LEE HUN HOE, MOHD.AZMI, HASHIM YEOP SANI
TAY TONG CHEW – Appellant
Versus
ABU RAHMAN HJ AHMAD – Respondent
Mohd. Azmi FJ:
On 30 April 1976 at about 4.30 p.m. the respondent was on his way home on his motor cycle when he was knocked down by a motor car driven by the second appellant at the junction of Jalan Abdul Rahman/Jalan Sultan Ibrahim, Muar, Johore. In March 1980 he sued the appellants for damages for personal injuries and consequential loss caused by the negligent driving of the second appellant who was the servant or agent of the first appellant the registered owner of the motor car. The learned Judicial Commissioner in the High Court found the collision was solely caused by the negligence of the motor car driver and awarded the respondent RM70,000 general damages for pain and suffering and loss of amenities with interest at 6% per annum from 10 April 1980 to date of judgment (25 August 1983). Under special damages he allowed the sum of RM1,170 with interest at 3% per annum from date of accident. A further sum of RM18,000 was allowed for cost of hip arthroplasty and knee joint operation, and another RM500 for the purchase of special shoes. He also held that the respondent was entitled to damages for loss of future earnings but he left it to the solicitors of both parties
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