[1] There are two appeals before us (Appeal 372 and Appeal 365). The appeals are against the decision of the High Court at Kuantan dated 20 October 2014. They concern a claim originating in the Sessions Court Kuantan involving a motor vehicle accident that occurred on 26 July 2004. These appeals were ordered to be heard together. For convenience, the parties will be referred to as they were in the Sessions Court or by their abbreviated names.

[2] The 3rd defendant ("MTD Prime") was the main contractor in charge of the construction of the Pantai Timur Highway ("LPT"). The plaintiff was the employee of a company, Q-Free Sdn Bhd ("Q- Free"), which was in charge of supplying, installing and testing the toll system at LPT. At the material time, the plaintiff was