Abdul Malik Ishak J:

Introduction

[1] This was an appeal by the appellants against the whole of the decision handed down by the sessions court of Johor Bahru ("trial court") on 4 July 1996 in a running down action. In that action, the respondent had claimed damages from the appellants for the personal injuries, losses and expenses suffered by him in a motor vehicle accident on 27 April 1992 caused, so said the respondent in his statement of claim, by the negligence of the appellants. At the conclusion of the hearing before the trial court, the appellants were found 100% liable for the road accident and the respondent was awarded the appropriate general and special damages thereto. The appellants through Mr Ong Chee Yong argued, with zest and gusto, to the effect that the trial court had erred on both liability and quantum. Mr S Gunasegaran, in his usual style, argued for the respondent and raised several salient points by way of a rebuttal.

The Undisputed Facts

[2] The following facts were not disputed by the parties and they can clearly be gleaned from the appeal record (hereinafter referred to as "AR" for ease of reference):

(1) That the motor vehicle accident happened on 27 A