JUDGMENTBY: WAN SULEIMAN J, BARAKBAH LP AND ABDUL AZIZ J

WAN SULEIMAN J (delivering oral judgment): This is an appeal against the decision of the late Mr. Justice Hashim in which he dismissed the claim by the plaintiff/respondent. The defendant/appellant appealed.

The brief facts of the case are that on the night of the 1st December 1962 the plaintiff/respondent was returning home to Pasir Mas from Kota Bharu on the Kota Bharu/Pasir Mas road when at the 101/2 milestone, an oncoming Land Rover driven by an employee of the appellant/defendant knocked into the front bumper of the car being driven by the plaintiff/respondent. There were, as is often to be expected in cases of this sort, two varying accounts of what actually happened and, in deciding what the truth of the matter was, I feel that the proper thing to consider is not so much what the plaintiff/respondent said or what the defendant/ appellant said but what the sergeant, whom I consider to be an independent witness, witness No. 2 for the plaintiff, had to say in this matter. The most important part of the evidence of Sgt. 7291, Mahmud bin Awang Kechik, in my view, is that relating to a tyre mark measuring 117 [] 6 [prim

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