Ong CJ:

At about 1.30pm on 4 March 1968 a five-ton Bedford military truck driven by L/Cpl. Tek Bahadur along the Tampin-Seremban Road collided almost head-on with a Mercedes taxi belonging to the Sepang Omnibus Co. and overturned. In doing so it fell upon a Volkswagen motor-car, which was following the taxi, crushing its driver to death. Three persons in the taxi, including its driver, also died of their in juries. In an action for damages brought by the widow and dependants of Lo Ki Nang, driver of the Volkswagen, the learned trial Judge of the High Court in Seremban held the drivers of the military truck and the taxi blameworthy in the proportion of 25% and 75% respectively and awarded damages accordingly. Another defendant, Mohamed Shariff, as sued as contributing by his own act to the accident, but he was exonerated from blame. The owners of the taxi now appeal against the said decision. They contend that on the evidence the learned Judge should have held, either that L/Cpl. Tek Bahadur's negligence was the sole cause of the accident, or that he and Mohamed Shariff were jointly at fault. There is no dispute as to the quantum of the award.

Four vehicles were in fact in