JUDGMENT

Suffian LP:

The question in this appeal is: was the first defendant (a Telecoms Department mechanic) a servant or agent of the Federal Government the second defendant (respondent before us) at the material" time?

On 30 June 1970 the plaintiff (appellant before us) was riding his motor cycle along Jalan Endau, Mersing, in the direction of Endau, Johore, when he was run into and knocked down and injured by a Telecoms. Department Land Rover at the 1'bc milestone. The Land Rover was driven by the first defendant.

The plaintiff sued the two defendants for damages, alleging that the first defendant was negligent and that the first defendant was the servant or agent of the Government.

The learned trial Judge found that the first defendant was negligent and liable. The learned trial Judge said that from a starting position on the grass verge outside his house the first defendant had made a sharp U-turn without regard to the traffic coming from behind him and he had therefore constituted such an obstruction as to cause the plaintiff to collide into him and fall. This finding of negligence on the part of the first defendant has not been challenged.

What however is challenged is