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1986 MarsdenLR 741

MOHD.DZAIDDIN
ONG YOKE ENG – Appellant
Versus
LIM AH YEW – Respondent


JUDGMENT

Mohd. Dzaiddin J:

On 14 May 1973 Chuan Im Tit @ Chuan Joo Ting deceased, was travelling as a passenger in motorcar No. PM 815 from Bukit Mertajam towards Butterworth when at about 10.30 p.m. at or near 3½ milestone Jalan Baru, Prai, his motorcar was involved in a collision with motor-lorry No. KB 1875 travelling in the opposite direction. The lorry was driven by the 1st defendant as a servant or agent of the 2nd defendant. As a result of the said collision, the deceased sustained severe injuries which resulted in his death.

At the time of death, the deceased was 37 years of age and was survived by his widow, Ong Yoke Eng, and six children, the eldest being 15½ years old and the youngest 9½ years old. However, at the date of the trial all the children have reached the age of 21 years and except for two children the rest have married and are working elsewhere.

Unfortunately, this case had a rough passage before it finally came up for hearing on 18 December 1985. However, the defendants had admitted full liability and special damages were agreed at RM2,000. The only issue is on general damages where the widow is claiming against the defendants (1) damages for loss of dependen

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