An accident took place along the Alor Setar-Pokok Sena road on 8.5.1980 at about 7 p.m.. It involved a PWD lorry BF 8679 and a car BAG 6044 travelling in opposite directions and also a bus KE 4448 which was parked on the same side of the road the car was travelling along towards Alor Setar.

In the accident, 5 occupants of the car including the driver of the car died. The surviving occupant, the 5th plaintiff, suing personally, and the 1st up to the 4th plaintiffs, suing as administrators of the estates of 4 dead persons, have claimed against the driver and the owner of the lorry (the 1st and 2nd defendants respectively), the estate of the deceased driver of the car represented by his administrator, the 3rd defendant, the 4th defendant (the owner of the car), the 5th and 6th defendants, the driver and owner of the bus respectively, for damages as a result of the negligence of the driver of the lorry, the [2] driver of the car or the driver of the bus or, alternatively, as a result of their joint negligence.

The 1st to 4th plaintiffs sue under ss 7 and 8 of the Civil Law Act 1956 while the 5th plaintiff sues for personal injuries, loss and damages.

At the close of the plaint