GROUNDS OF JUDGMENT

1. This is an appeal by the 1st appellant against the decision of the Magistrate's Court, Taiping which had dismissed his claim on 15.12.2000 for damages, being a dependency claim against the respondents arising out of a road accident on 10.7.96. The appeal is against the whole of the said decision. On its own facts, this is a simple and ordinary running down case and it is not necessary for a lengthy judgment. However, the pleadings and the reasoning of the learned Magistrate is so unsatisfactory perhaps discussion with a view to remind or clarify certain legal issues which are relevant to this appeal is justified. The 1st appellant and the 2nd respondent will be referred to as the 1st plaintiff and the 2nd defendant respectively in this grounds of decision.

STATEMENT OF CLAIM

2. By the statement of claim, the 1st plaintiff as the father of Punithamoorthi a/l Muniyandi, deceased filed this claim under Section 7 of the Civil Law Act 1956 being a dependency claim for loss of support. By paragraph 3 of the statement of claim, the 1st plaintiff has pleaded as follows:-

3. "Pada 10 haribulan Julai, 1996 lebih kurang jam 8.00 malam simati (Punithamoorthi a/l Muniyand