SIVANANTHAN V JAGANATHAN V. TEH YEE FUN & ANOR

HIGH COURT MALAYA, PENANG

RK NATHAN J

[CIVIL APPEAL NO: 11-48-2003]

7 MAY 2003

RK Nathan J:

This short but interesting point of law arises out of a running-down action. In his statement of claim the plaintiff pleaded that on 15 November 2000 whilst he was riding his motorcycle at about 8.40 in the morning along Jalari Tanjung Tokong from the direction of Tanjung Tokong towards his place of work in the city, he was involved in an accident with a motorcar driven by the 1st defendant as the servant or agent of the 2nd defendant who owned the said motorcar and which said motorcar was proceeding from the opposite direction. The plaintiff further pleaded that suddenly and without warning the 1st defendant swerved to the right and across the plaintiff's path. The plaintiff attempted to swerve and to brake but was unsuccessful, and thus collided into the said car and sustained injuries. The plaintiff set out eighteen particulars of negligence attributed to the 1st defendant.

In their defence the defendants admitted para. 2 and 3 of the statement of claim which averred that at all material times the 1st defendant was the driver and th