Abdul Malik Ishak JCA:

The Parties

[1] I shall refer the parties to what they were referred to before the Sessions Court at Ipoh, Perak. Thus, Sukatno will be referred to as the plaintiff. While Lee Seng Kee will be referred to as the defendant and, finally, Ong Thean Soo will be referred to as the third party.

At The Sessions Court

[2] In the statement of claim, the plaintiff alleged that the plaintiff had suffered personal injuries and loss arising out of a road accident which occurred on 30 June 1996 at about 3.10pm along Jalan Fair Park, Ipoh, Perak involving a motor van WR 5906 allegedly driven negligently by the defendant and while so driven collided into the plaintiff who was walking on the same side of the road.

[3] The Sessions Court on 28 November 2001 found the defendant 50% liable to the plaintiff in the tort of negligence and also found the plaintiff 50% liable for contributory negligence. However, the Sessions Court dismissed the defendant's claim against the third party with costs.

[4] On the basis of 100% liability, the Sessions Court awarded the plaintiff the sum of RM150,000 as general damages bearing in mind that the plaintiff was paralysed from the waist downw