Richard Tallala J:

The late Mr. Dinasan a/l Padmanbathan (Mr D) passed away on 12 July 1984 aged 55 years and some months. He was at that time employed as a conductor by the 1st defendant (the estate) working and staying at a division of Ulu Tiram Estate called Ladang Tereh Utara, Kluang Johor, owned by the estate, having retired from that employment and then been re-employed on a six month extension till 20 August 1984. Ulu Tiram Estate comprised 14,500 acres and consisted of three divisions namely Ladang Tereh Utara, Ladang Tereh Central and Ladang Tereh Selatan. About 350 workers were employed on Ladang Tereh Utara and the same number employed on Ladang Tereh Selatan. Ladang Tereh Central, which was in fact an oil mill, had about 100 workers. All three divisions provided medical facilities to the employees and their families. There were three clinics on Ulu Tiram Estate and two Hospital Assistants were employed by the estate. However there was only one ambulance to provide services to all the three divisions. If there was more than one emergency a private car would be used. The distance from the Estate to Kluang District Hospital (the Kluang Hospital) and the clinic (the clinic) of the 2nd defendant (Dr Y) who was the estate's visiting medical officer, is approximately 25 miles.

Mr D had been suffering from hypertension since 1981. He left a widow Mrs Dinasan (Mrs D), the 1st plaintiff, and three children (the children), the 2nd, 3rd & 4th plaintiffs who were then staying with him. Hereafter unless otherwise stated all references to months are to the year 1984.

The plaintiffs claim by reference to the pleadings and the evidence that on 3 July at about 4.30pm the deceased while at work complained of giddiness and had fainted. He was then attended to by Mr Pospanathan who was the Hospital Assistant (the H.A.) attached to the clinic (the estate clinic) at Ladang Tereh Utara. The H.A. upon observing Mr D's condition took him, in his, the H.A.'s car, to the clinic for further treatment. On arrival at the clinic Mr D was attended to by one Dr Wong (Dr W) who examined him, prescribed medication and then discharged him. On 6 July and 10 July he was attended to by Dr Y at the clinic. On 11 July as a result of giddiness and fits Mr. D was taken to the Kluang Hospital in a semi-conscious state where he was given emergency treatment and subsequently transferred to the Sultanah Aminah Hospital, Johore Bahru (the J.B. Hospital) as the facilities in Kluang were inadequate for his immediate treatment at that late stage. On arrival at the J.B. Hospital at 2pm Mr D was found to be bleeding profusely from the nose and mouth. He then became unconscious and passed away on 12 July at 12.05am.

The plaintiffs pleaded that the death of Mr D was caused by the negligence of the estate and Dr Y and or their servants or agents, the particulars of negligence of the estate being that the estate had failed to provide at the estate clinic and generally adequate medical facilities for diagnosis and treatment including during emergencies, and to refer Mr D to either hospital abovestated or to a medical specialist for proper diagnosis and treatment. The pleaded particulars of negligence of Dr Y were that he failed to investigate and diagnose the nature of Mr D's ailment in that he was having a stroke, that he had permitted the health of Mr D to deteriorate, that he failed to have him admitted to either of the said hospitals, that he did not refer him to a medical specialist and that he had failed to exercise any reasonable care skill or diligence in diagnosis and in the administration of drugs.

The HA., one Dr M. Singaraveloo (Dr S), a specialist physician at the J.B. hospital and one Dr. Ridzwan bin Bakar (Dr R), a consultant physician and cardiologist with Pantai Medical Centre, Kuala Lumpur testified on behalf of the plaintiffs, as did Mrs D.

The H.A. had been employed as such by the estate since January 1982. He testified that on 18 April he refe