Syed Othman FJ:

We allowed this appeal which is against the decision of the High Court at Johor Bahru dismissing the appellant's claim for damages for personal injuries sustained in a road accident which occurred on 8 January 1976 at about 7.30 p.m. between a timber lorry driver by the first respondent and a motorcyclist, the appellant, along Jalan Ah Fook, Johor Bahru.

After hearing the arguments, we found the first respondent wholly liable for the accident. We now give our reasons.

Both vehicles were travelling in the same direction, the road being one-way towards the roundabout (as it was then) which branched out to the roads to the north, the east and back to town.

The appellant's case was that there was a traffic jam on the road. He was travelling about 2ft. from the edge of the road on the right side. In overtaking his motorcycle the rear off tyre of the lorry grazed the motorcycle. He fell and could not get up. He was admitted to the General Hospital, Johor Bahru and discharged on 16 March 1976. He suffered severe injuries mainly on his left foot.

The first respondent's version was that at the time a bus stopped on the left side of the road. Seeing no vehicle from b