Abdul Malik Ishak J:

[1] This was a dependency claim under s. 7 of the Civil Law Act 1956 (Act 67) (Revised 1972) by the plaintiff and her two children for the death of her husband by the name of Chong Sey Kow ('the deceased') in a road accident on 7 December 1992 at about 10am at 14275 milestone along the stretch of Jalan Utama/Jalan Kota Tinggi/Johor Bahru road.At that material time the deceased was riding a motorcycle bearing registration number JCM 958 in the direction of Kota Tinggi when a motor lorry bearing registration number JCK 3329 driven by the first defendant as servant or agent of the second defendant from the opposite direction collided into the path of the deceased's motorcycle.That collision was fatal.Encroachment was emphasised in the plaintiff's statement of claim as well as the statement of defence of the third party.This augurs well for the plaintiff as the parties are bound by their pleadings.The might and strength of pleadings are beyond imagination.This case was an excellent example where the pleadings were drafted with some measure of skill.It was shaped in the light of experience and familiarity with the law.Cotton LJ lucidly remarked in Philipps v.