JUDGMENT

Nixon Kennedy Kumbong, SJ:

The Accident

[1] On 11 April 2004 at or about 7.45 am. at km 40 Jalan Sri Aman/Sarikei, a collision occurred between a motorcycle (QB 7257) ridden by Sambang ak Ungkok ("Sambang") and a motorvan (QK 829) driven by the first defendant, Chai Ngiu Ngee. Riding pillion with Sambang was his grand daughter, Jennifer Rinie ak Johny ("Jennifer"). The motorvan belonged to one Chai Yong Seng (second defendant).

Injuries Sustained

[2] As a result of the collision, Sambang has sustained:

(i) open Grade I segmental fracture of the left tibia (1 cm x 1 cm wound just proximal to left tibial tuberosity);

(ii) closed fracture distal 1/3 of the left tibia;

(iii) closed intra-articular fracture distal end of left radius;

(iv) closed fracture of left ulna styloid;

(v) open fracture of left middle finger distal phalanx (laceration wound to left middle finger); and

(vi) 2 cm x 3 cm wound over the left patella.

[3] As for Jennifer, she has multiple abrasion wounds over the upper arms bilaterally, the left knee and the left foot which required no stitches.

The Damage

[4] The motorcycle suffered damage on the front part. The motorcycle front lamp was shattered. The rear light of the m