JUDGMENTBY: ONG HOCK THYE CJ (MALAYA)

On June 5, 1964 at a bend of the Kampar-Degong road, 11/2 miles from Kampar, a 19 year old motor-cyclist fell off his machine to his death after collision with a 5 ton motor-lorry. Both vehicles were travelling towards Kampar.

A claim for damages under sections 7 and 8 of the Civil Law Ordinance 1956 brought by the deceaseds parents against the owner and driver of the lorry was dismissed by the High Court at Ipoh. This is an appeal by the plaintiffs against such decision.

As may be expected under the circumstances, only the defendants version of the accident was presented to the court. Several months after the event the plaintiffs were put in touch, purely by chance, with a supposed eye-witness, whom they called to their aid, but as he admitted that he had not observed how the accident happened and was unable to assist the court in that respect, his evidence was, quite rightly, disregarded by the trial judge.

In the result, the plaintiffs had to rest their case mainly on the evidence of Chief Inspector Syed Ahmad, the investigating officer, who came on the scene at 4.30 p.m., two hours after the accident, and was able to testify to his ex