The plaintiff's claim is for damages and loss in respect of personal injuries sustained in a motor accident occurring due to the alleged negligence of the second defendant who was the servant of the first defendant. It was common ground that on January 11, 1975 about 3.35 p.m. the plaintiff was a passenger in a motor lorry No. NC 6527 owned by the first defendants and driven by the second defendant, the servant of the first defendants. At 3¾ milestone Jalan Cha'ah-Bekok, Johor, the lorry overturned.

The first defendants contended that the plaintiff had been warned by the second defendant that he travelled in the motor lorry at his own risk and that the plaintiff's attention was directed to a label "Riding. At Your Own Risk" affixed near the passenger's seat by the side of the driver's seat. It seems to me that the defence raised by the defendants was a defence of "volenti non fit injuria". It was noted that the first defendants did not raise a defence that the second defendant had allowed the plaintiff to travel in the motor lorry in breach of the prohibition to do so by the first defendants.

In evidence I found the plaintiff had successfully proved that on the