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1983 MarsdenLR 202

MOHAMED DZAIDDIN
JAYAKUMAR S/O KUPPUSAMY – Appellant
Versus
CHEN KIT HONG – Respondent


Advocates:
CS Kumar (Teh Boon Eng with him) for the plaintiffs.
Jagjit Singh for the defendants.
Solicitors: Sri Ram, Zulkifly and Kumar; Jagjit Singh & Co.

Mohamed Dzaiddin J

In this case, the first and second plaintiffs sued the defendants for negligence arising out of a collision between motorcar BAF 996 driven by the first plaintiff in which the second plaintiff was a passenger and motor lorry BAX 1378 driven by the first defendant along Jalan 8/1, Petaling Jaya, on September 10, 1979.

On June 21, 1983, the solicitors for the defendants filed a notice of indemnity and contribution against the first plaintiff claiming to be entitled to contribution from the first plaintiff any sum which the second plaintiff might recover from the defendants to the extent of the first plaintiff's liability.

On July 6, 1983, when this matter came before me, the parties by consent agreed on liability, in that, as between the first plaintiff and the defendants, the former was 20% to blame. As for the second plaintiff, the defendants admitted 100% liability and they were ordered to pay the second plaintiff the sum of $230,871.92 being general and special damages with interest and costs. Further argument on the defendants' claim for contribution against the first plaintiff was adjourned to August 8, 1983.

Mr. Jagjit Singh, counsel for the defendants, subm

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