This was an appeal in a running down case on liability as well as quantum. The learned Magistrate had dismissed the claim ofthe appellant and purporting to rely on the principle in Abdul Mokhti bin Haji Ahmad v Idris bin Ibrahim [1977] 2 MLJ 85 and De Cotta v Tan Hock Lee [1972] 2 MLJ 173 held that the driver of the motor-cycle (PW2) was wholly liable for the accident.

First, on liability. As regards the appeal on liability the version of how the accident happened as described in the testimony of PW2 in cold print would seem more probable than the version of the defendant. The problem posed here would therefore seem to be identical to that found in Samar bt Mansor v Mustafa Kamarul Ariffin [1974] 2 MLJ 71. In that case the appellant had been knocked down by a motor-cycle driven by the respondent when she was crossing the road from behind a bus. The learned trial judge dismissed her claim for damages and she appealed to the Federal Court. On appeal Suffian L.P. posed the problem as follows:

"The learned trial judge was concerned to determine who was telling the truth, but we sitting in an Appellate Court are concerned to determine not so much the truth as whethe