JUDGMENT

Augustine Paul J:

On 22 March 1995 one Mohd Nazari bin Ab Majit was riding motor cycle No MAD 3580 along Jalan Bacang, Melaka when he was involved in an accident with motor lorry No JCS 6379 driven by the first defendant and owned by the second defendant. He suffered severe brain damage in the accident and was paralysed. This claim for damages was brought by his father and next friend Ab Majit bin Kadir against the two defendants. At the trial of the action before the Sessions Court the plaintiff was not able to give evidence due to his medical condition. The plaintiff's case was closed after six witnesses had given evidence. Two of them, PW1 and PW5, gave evidence on the medical condition of the plaintiff. Two police personnel, PW2 and PW3, tendered in evidence the sketch plan and key and photographs of the two vehicles involved in the accident. PW2 said that when he arrived at the scene there were no vehicles on the road. He found glass fragments closer to the centre white line of the road as one faces Bacang. The road was straight. He also said that there were no signs of any brake marks at the scene. The front part of the motor cycle was damaged while the damage to the