Hepworth J:

The plaintiff, Tan Kheng Kuan, who resides at 68-C, Bagan Jermal, Penang, sues in forma pauperis by his committee, Lim Eng Tin, and was a trishaw rider until January 1962.

The first defendant, who lives at No. 80, Jahudi Road, Penang, defends by his guardian ad litem, Wah Seng Jong, and was at all material times the owner of Honda motor-cycle registered No. PC 579. The second defendant, who lives at No. 34, Green Hill Drive, Fettes Park, Penang, defends by his guardian ad litem, Yee Hon Him, and was at all material times the rider of motorcycle PC 579. The third defendant lives at No. 45, Burmah Road, Penang, and was at all material times the owner of Fiat motor-car registered No. P 755.

On the 20 January 1962, at about 11 p.m. the second defendant was riding motor-cycle PC 579 along Kelawei Road in the direction of the junction of Bagan Jermal Road, Tanjong Tokong Road and Kelawei Road with the first defendant on the pillion. On the same day and at the same time the third defendant was driving motor-car P 755 in the opposite direction along Tanjong Tokong Road towards the said junction. On the same day and at the same time the plaintiff was riding his trisha