Jeffrey Tan J:

On 4 May 1998, after full trial of the above running down action, the Muar Sessions Court held that the appellants had not proved negligence on the part of the respondents for the collision between the motorcycle (JBC 1152) ridden by the 1st appellant and the motor-lorry (JD 5731) driven by the 2nd respondent, and dismissed the whole of the appellants' claims. This is the appellants' appeal against that decision.

It is not in dispute, that at the material time of the collision (23 February 1995 at about 2pm), the 1st appellant riding the said motorcycle was travelling along Jalan Tanjong Olak towards Tanjong Olak, whilst the 2nd respondent driving the said lorry was travelling on the same road from the opposite direction and towards Pekan Bukit Pasir, Muar, and, the said collision occurred at a sharp bend of the road. However, it is in serious dispute as to how the collision occurred.

In the court below, the 1st appellant testified that the lorry at speed had encroached onto her road, and that she had no time to avoid the lorry. "Lori itu memasuki separuh jalan saya." She was returning home from school. She denied that she had encroached onto the 2nd respond