[1] This is an appeal against the decision of the learned Sessions Court Judge in a running down case. At the conclusion of a full trial and after hearing two witnesses for the plaintiff and one witness for the defendant, the learned Sessions Court Judge found 30% liability against the defendant and 70% liability against the plaintiff.

[2] Special damages have been agreed at RM9,408.07. The learned Sessions Court Judge awarded quantum for general damages on 100% basis as follows:

(a) Cerebral concussion RM5,000.00;

(b) Right knee laceration wound with knee joint involvement RM5,000.00;

(c) Open fracture right tibia plateau RM15,000.00;

(d) Closed fracture right distal third femur and fracture right femur RM40,000.00;

(f) Right mid-shaft tibia and fibula closed fracture RM30,000.00;

(g) Open wound right knee and multiple laceration RM4,500.00;

(h) Traumatic right temporal intrarenchymal bleed, right temporal and frontal contusion, depression of skull bone right temporal region; and RM30,000.00; and

(i) Expansion right temporal parietal haematoma and bone contusion RM45,000.00.

[3] The plaintiff was dissatisfied with the decision