Suffian FJ:

We allowed this appeal. Now I give my reasons.

On the night of 10 July 1965, Kanniah was driving car No BC6912 towards Semantan estate in Mentakab. He had four passengers on board. At Batu 2, Jalan Karak, he passed an oncoming lorry with a trailer laden with timber. As he passed the lorry, a log fell off it on to his car. One of the passengers in the car was killed.

When he arrived in Mentakab the same night, he lodged a report (Exh. D1) which translated reads:-

At 9.15 p.m. on 10 July 1965, I was driving motor car No BC6912. I was returning to Semantan estate. In the car I had four friends returning to Semantan estate. When I arrived at Batu two, Jalan Karak, in front of me was a lorry with a trailer loaded with timber sawn and unsawn. When we passed each other in the opposite direction, some timber fell off the lorry and hit my windscreen. It hit my friend and my uncle. I immediately stopped my car and saw that my uncle was unable to speak. I took them to hospital at Mentakab. When I arrived there, I found that my uncle had died and the others were injured. I cannot recognize the lorry nor its number because it was night time and the lorry did not stop, it