Ong CJ (Malaya):

[1] This is an appeal against the decision of Pawan Ahmad J given in the High Court at Ipoh holding the appellant solely responsible for a collision between a Fiat motor-car driven by him and a Honda 90 motorcycle driven by the respondent, who consequently was awarded heavy damages.

[2] The accident occurred on a straight stretch of road between Jelapang and lpoh during a heavy drizzle at about 8.40pm on 18 March 1966. The road was 17 feet nine inches wide, lighted by street lamps, and the vehicles were travelling in opposite directions. The respondent, plaintiff in the action, stated that he was riding about three feet from the left edge of the road before the collision and was the same distance from the roadside when he was knocked down. He alleged that the accident was due to the Fiat crossing over to its wrong side while overtaking two cyclists who were riding abreast behind another pair. The appellant, however, denied that there were any cyclists or other vehicles on the road. He said he dipped his headlights several times on seeing the motorcycle some 250 yards away because it was coming towards him along the crown of the road. On approaching close to e