LC Vohrah J:

[1] This is a claim for damages arising out of a motor accident on 31 May 1989 along the Johore Bahru/Air Hitam trunk road. Some time after noon on that day the plaintiff was driving a tanker No BBH 6816 carrying palm oil along this road in the direction of Johore Bahru. Behind his tanker heading in the same direction was another tanker No JAE 6520 also carrying palm oil driven by PW2. Both tankers were travelling at about 60 kilometres per hour and when they reached the 27 milestone a Honda car No WBM 503 coming from the opposite direction overtook a lorry in front of it and collided into the plaintiff's tanker and then into PW2's tanker resulting in both the tankers being overturned as shown in the photographs at ABD11- 12.

[2] According to the plaintiff just before the accident he saw two lorries, one smaller than the other, approaching him from the opposite direction. The smaller lorry which was behind the larger lorry overtook it and re-entered its correct side of the road. When he saw this overtaking he had applied his brakes but at that point of time the car shot out from behind the larger lorry and attempted to overtake it. He showed by means of toy model