GROUNDS OF JUDGMENT.

FACTS.

The initial action.

On 11.9.84 one Tan Tok Nam and Tan Peng Hin T/A Chin Heng as the driver and owner (and as 1st and 2nd plaintiffs ) respectively of [Page 1] motorlorry PQ 2931 sued one Lim Ah Chim (Lim) as the owner of motorcar PM 9379 at all material times in the Penang High Court vide Civil Suit No. 310/84. It was the case of the plaintiffs that on 26.7.83 the 1st Plaintiff was driving the said motorlorry along the Butterworth/Simpang Empat Road and in the direction of Butterworth when he was collided into by motorlorry AT 4012 which was forced to encroach into the 1st plaintiff s path by the negligence of Lim and/or his servant and/or his agent/or an authorised driver in the management and control of the said motorcar PAM 9379 which came out without stopping from a side road on the plaintiff's right. Various particulars of negligence were pleaded. The 1st plaintiff sustained personal injuries and claimed damages [Page 2] for pain and suffering and for special damages. The 2nd plaintiff s claim was only in respect of special damages being the cost of the lorry which was beyond repairs, amounting to KM 35,000.00 and for loss of earnings at RM 8,000.0