Muhammad Kamil Awang J:

The appellant took its damaged motor car (the said vehicle) on 12 March 1993 for repair at Tan Chong Express (ie, a corporate workshop) appointed by the respondents. At the material time the said vehicle was covered by a policy of insurance no. 002129667/0101 dated 11 December 1992, issued at Kuching, by the 1st respondent.

There was no dispute about this.

The repairs were carried out by a corporate workshop to the satisfaction of the appellant. There was no dispute about this. However the repairs took about 59 days from the time the said vehicle was sent to the workshop. There is no doubt the appellant was deprived of the use of the said vehicle for the duration of the said vehicle in the workshop, and it used the services of a taxi to get about its work. It alleged that the long delay was caused by the negligence of the respondents or agent and thus brought a claim against the respondents for special damages, ie, the amount of RM4,327.65 which was incurred by the appellant in taxi fares and telephone calls. The appellant's claim was dismissed with costs by the Sessions Court and hence this appeal.

The main thrust of the appellant's contention i