JUDGMENTBY: CHANG MIN TAT FJ, SEAH J

CHANG MIN TAT FJ (read by Lee Hun Hoe C.J. (Borneo)): I agree that the appeal should be allowed to the extent indicated in the judgment of Seah J.

I would only add that in the finding of the learned trial judge that the motorist turned from a side road, which is the exit road from the new General Hospital in Kuching, into the main Jalan Tun Haji Openg along which the motor-scooterist was approaching when the latter was only 60 feet from the junction, there could be no circumstances in which the scooterist could be held to be blamed, even partially, for the accident. The distance was too short for the scooterist to stop, if he was travelling at a speed of 30 m.p.h. The learned judge found somewhat imprecisely that his speed was more than 25 m.p.h. which the scooterist said he was making against the testimony of the motorist that he was travelling fast. Though he tried to swerve to the right (there could be no denial that he did so, since he ended on the other side of the road), he could not be blamed if he did not avoid the accident. He was also blamed for not sounding his horn, but in the circumstances, sounding the horn was an exercise in fut

Click Here to Read the rest of this document