JUDGMENT

Edgar Joseph Jr. SCJ:

The undisputed facts underlying this appeal by the plaintiff motorcyclist in a running down case, involving him and a motor-car driven by the defendant driver, proceeding in opposite directions, have been sufficiently set out in the dissenting judgment of our learned brother Mohamed Dzaiddin SCJ, which we have had the advantage of reading in draft, and, so, it would be tedious and unnecessary to recapitulate them at any length. Suffice it to say, that what we propose to do is to indicate, with great respect, why we are unable to agree with his evaluation of those undisputed facts and his conclusion that the appeal should be dismissed, thus resulting in the affirmation of the judgment of the trial Judge (Abdul Hamid bin Haji Mohamed, J.).

Now, the trial Judge had held that although the plaintiff had sustained injuries, to his head and right leg, only the latter injury had been caused as a direct result of the collision involving the plaintiff and the defendant driver's car; the former, that is to say, the far more serious head injury, having been caused as a direct result of a prior collision involving the plaintiff's motorcycle and another motor-cycl