Arifin Zakaria JCA:

This is an appeal by the appellants/plaintiffs against the decision of the learned High Court Judge who allowed in part the appeal by the respondents/defendants. When this appeal came up for hearing before us, the respondents and their counsel were absent, even though the notice of hearing had been duly served on the learned counsel. In the circumstances, the appeal proceeded in the absence of the respondents and their counsel. We dismissed the appeal on liability and allowed the appeal on quantum by reinstating the awards of the learned Sessions Court Judge. We now give our reasons.

The claim by the appellants arose out of a vehicular accident involving two motorcycles and a motorvan along Jalan Paya Terubong, Penang. The first appellant was the rider of the motorcycle PDK 3393, while the second appellant was the grandmother and dependant of the deceased pillion rider of the said motorcycle. The third appellant was the father and dependant of the deceased rider of the second motorcycle PDF 8839. The first respondent was the driver of the motorvan PBY 7446 and the second respondent was the owner thereof.

Liability

We shall first deal with the issue of l