Tee Ah Sing J:

At the commencement of trial on 21 November 2000 the learned counsel for the defendant informed the court that the defendant is not contesting the issue of liability. And in that regard they are offering no evidence on that issue. The learned counsel for the defendant stated that there is no strict admission of liability on their part. As liability is not contested the only issue for the court to deal is on the quantum of damages the plaintiffs are entitled to.

This is a claim by Jub'li bin Mohamed Taib Taral, 1st plaintiff, who is the husband of Siti Arfah binti Sheikh Md. Dom ("the deceased") for himself and his two infant children namely Mohamad Ashraf Shub'li bin Jub'li ("the 2nd plaintiff") and Sofea Balquis binti Jub'li ("the 3rd plaintiff") under s. 7 of the Civil Law Act 1956("the Act") together with special damages against the defendant. The claim under s. 7 of the Actis for loss of dependency and is for the benefit of the husband and the two children.

The 1st plaintiff (SP1) has testified that he is the husband of the deceased and they have two children from the marriage namely the 2nd plaintiff aged eight years old and the 3rd plaintiff aged five