Richard Talalla JC:

[1] On 23 August 1987 at about 7.30 pm the plaintiff was riding his motor cycle along the Kluang/Mersing road from the direction of Kluang town in the direction of Mersing. At the same time and place the defendant was driving a motor car number JAN 8093 along a side road which was on the left of the main road as one faces Mersing and which side road led to and connected with the main road. The defendant was proceeding towards the main road, stopped at the junction, then went on with the intention of turning right in the direction of Kluang town when the motor cycle and the motor car came into collision, the motor cycle colliding into the driver's door of the motor car. There was a crest along the Kluang side of the main road which the plaintiff had to proceed over before coming to the junction of the side road with the main road.

[2] A police sketch plan with key and photographs of the scene and the 2 vehicles involved were produced in evidence.

[3] At the trial before me both the plaintiff and the defendant gave evidence on oath stating their respective versions of how the accident happened.

[4] The plaintiff's story was that he first sighted the motor car