Balia Yusof Wahi J:

[1] the appellant in the present case brought an action against the respondent in the George Town Sessions Court for damages suffered arising from a motor vehicle accident on 23 April 2000. His claim was dismissed by the learned Session Judge with costs and hence this appeal.

Background Facts

[2] At about 11.25pm on 23 April 2000 the appellant was riding his motorcycle from Jalan Kelawei towards Tanjung Tokong. At the same time he realized a Proton Wira some what golden in color being driven alongside on his left going in the same direction as him. Suddenly, the said car made a U-turn in front of him and resulting in him knocking into the right rear door of the said car the appellant fell with his motorcycle on top of him. According to him the road was dark and without lights but he could see the car's number plate being PCT 5033. The car after making the U-turn, stopped at a nearby restaurant and about 3 to 4 people came to his aid. The driver of the said car, described to be an Indian man aged between 40-50 came to see the appellant and offered him RM50 for medical expenses. the appellant suffered a fracture on his backbone described as "compression fract