Introduction

On 23 May 1993 at about 11.30am an accident occurred between motorcycle no: JCW 4944 ridden by Chan Tenn Yeu - the respondent plaintiff and motorlorry no: JAW 4621 driven by Tabarani bin Mohd Arsad - the first appellant defendant as the servant or agent of Mohd Nasir bin Sampuro (T/A Mohd Nasir Enterprise) - the second appellant defendant. The learned sessions court judge ("trial court") apportioned the first appellant defendant's liability at 75% while the respondent plaintiff's blame was listed at 25%. On the basis of 100% liability, the trial court awarded general damages for the following injuries:

(1) Multiple abrasions and lacerations and degloving injury at RM5,000.

(2) Compound fracture of calcaneum and fracture of navicular and disabilities at RM15,000.

(3) Multiple scars and skin grafting at RM10,000.

The sum total came up to RM30,000 and with 10% overlapping the figure as computed by the trial court came up to RM27,000. The trial court too awarded an agreed special damages at RM1,542 and it further awarded RM2,896 as the costs of the specialist treatment. The parties were unhappy with the decision of the trial court. The appellants, who were the