Mahadev Shankar J:

[1] This is claim for damages arising out of a motor accident.

[2] The 1st plaintiff owned a small motor lorry in 1981 in which he transported pineapples which he had purchased from road side growers back to Muar for sale.

[3] The 2nd plaintiff is his son.

[4] On 17 March 1981 the 1st plaintiff was driving along the Muar-Yong Peng Road. His son was seated beside him acting as lorry attendant. About the 17th milestone on the right hand side of the road as one faces Yong Peng was a pondok which was a pineapple pick-up point.

[5] As one approached this from Muar the road was straight for a considerable distance.

[6] The 1st plaintiff's case is that as he approached the pick-up point, he put out his left hand side trafficator, slowed down and moved partly onto the grass verge on the left hand side of the road where he stopped and turned off his engine. Before he commenced this manoeuvre he says that he had sighted in his rear view mirror a lorry following him approximately 100 feet behind. He did not then see anything coming from the front.

[7] But no sooner had he returned off his engine he heard a violent impact from the rear of his lorry, lost consciousness and w