Abdul Malek Ahmad JCA:

[1] In his statement of claim filed on 23 December 1981, the plaintiff, through his father and next friend, had asked for special damages of RM46,000 with interest at eight per cent per annum from the date of the writ of summons to the date of realisation, general damages inclusive of future loss of earnings and interest thereon from the date of judgment to the date of realisation, costs and further or other relief.

[2] He had originally cited the President and General Secretary of the Chinese Maternity Hospital (hereinafter 'the hospital') as well but had subsequently withdrawn his claim against them leaving only the present three defendants. The first and second defendants were both consultants attached to the hospital at the material time. His claim against them is for damages for pain and suffering and causing blindness to his eyes due to their negligence when he was under their care.

[3] As for the third defendant, he had pleaded that they were vicariously liable for the negligence of the first and second defendants by virtue of being their employer since the damage for the plaintiff's pain and suffering was due or caused within the scope and during