Syed Agil Barakbah SCJ:

We dismissed this appeal with costs and confirmed the judgment of the learned trial Judge of the High Court, Alor Setar in favour of the respondent/plaintiff. We now give our reasons for doing so.

In the Court below, the respondent sued the appellant for general and special damages due to injuries sustained by him in a motor accident which took place on 10 January 1980 at about 4.15 p.m. along the Jitra/Alor Setar main road when a piece of plywood 4 feet x 8 feet fell from the pick-up driven by the appellant and struck the respondent who was at the material time riding a motor cycle, as the two vehicles passed each other along the road from opposite directions. The respondent was injured and hospitalised for about four days in general hospital Alor Setar and discharged on his own request.

The general hospital medical report dated 12 May 1980 as accepted by the trial Judge showed that the respondent a 27-year-old male Malay, suffered from a 1½ " laceration over the right upper tibia/fibula region with clinically compound fracture of right upper tibia/fibula. A toilet and suture was done for laceration. The fractures in the lower leg was reduced and i