Gill J:

This is an appeal from a decision in a civil action in the Magistrate's Court at Kuala Lumpur given on 9 November 1962, whereby judgment in the sum of $600 and costs was entered against the appellants in favour of the respondents. The action was brought under the provisions of s. 80(1) of the Road Traffic Ordinance, 1958 (to which I shall henceforth refer as "the Ordinance") to enforce a judgment of the Sessions Court, Kuala Lumpur in favour of the respondents on a claim for damages in respect of personal injuries sustained by the respondents in a road accident involving Motor Car B4230, which at the material time was driven by one Abdul Aziz bin Rajah with the permission and consent of the owner, Mohamed Nizamudin bin Abdullah.

The facts of the case are as follows. On 4 April 1958 Motor Car B4230 ran into the respondents as they were standing on the grass verge on the right hand side of Ipoh Road, Kuala Lumpur, facing Kuala Lumpur, as a result of which they sustained personal injuries. On 16 June 1958 the respondents' solicitors wrote a letter to the owner of the car informing him that they were instructed to claim damages from him in respect of their clients' in