Mohd. Hishamudin Mohd. Yunus J:

This action for damages by the plaintiffs arose from a tragic road accident that occurred on 14 December 1978. Five persons died in the accident that occurred at the 41st milestone along the Sungai Petani-Butterworth road. The accident involved a lorry, a motorcycle and three cars.

The first plaintiffs are claiming as administrators of the estate of Lu Yoon Poh, deceased (hereinafter referred to as "the first deceased") while the second plaintiffs are claiming as administrators of the estate of Ooi Siew Poh, deceased (hereinafter referred to as the "second deceased").

The first defendant was the driver of the lorry involved in the accident and the second defendant was his employer at the material time. The third defendant is the administrator of the estate of the motorcyclist who was killed in the accident.

As the accident occurred in 1978, that is to say, before the coming into force of the Civil Law (Amendment) Act 1984 (Act A602) on 1 October 1984, therefore, the plaintiffs are claiming under the old law, that is to say, the Civil Law Act 1956 (Rev. 1972) (Act 67) ('the Act') as it stood before 1 October 1984. They are claiming, first,