Syed Agil Barakbah SCJ:

This appeal relates to an accident claim for damages by the first appellant/plaintiff who was injured when the motorcycle on which he was a pillion rider and which was being ridden by one Hong Pau Kong met with an accident with a motorcar which was driven by the first respondent as servant or agent of the second respondent. The first appellant was thirteen years old at the time of the accident and the suit was filed by his father and next friend, i.e. the second appellant. He was already an adult at date of the hearing.

In the Court below, the question of liability was not an issue since the respondents admitted full liability for the accident. The learned Judge having heard evidence on the quantum of damages, awarded in favour of the appellants the sum of RM32,775 as general damages and RM4,181.50 as special damages with interest and costs. The appellants were not satisfied with the award for general damages alleging that the amount was insufficient and manifestly inadequate. They appealed at first on four grounds, but abandoned the first three which were concerned with the alleged inadequacy of the award for general damages, including no award for