JUDGMENT

Vernon Ong Lam Kiat JC:

[1] This is an appeal against the decision of the learned Sessions Court Judge ('SCJ') given on 29 April 2005 dismissing the appellants' claim against the respondents. In the court below the appellants are the 1st and 2nd plaintiffs and the respondents the 3rd and 4th defendants respectively.

Brief Account Of The Facts

[2] On 27 July 1998 a motorcar owned by the 2nd defendant bearing registration no. JDT 3969 collided into a motorcycle bearing registration no. JEP 4333 ridden by the 1st plaintiff, the 2nd plaintiff riding pillion. Motorcar JDT 3969 was driven by the 1st defendant. As a result of the accident the plaintiffs suffered injuries and sued the 1st and 2nd defendants for damages in negligence. Before initiating the action the plaintiffs conducted a search at the Jabatan Pengangkutan Jalan (3rd defendant) to ascertain the ownership and insurance particulars of motorcar JDT 3969. The plaintiffs then proceeded to sue the 1st and 2nd defendants. Subsequently, after being informed by the insurance company that they are not the insurer of motorcar JDT 3969 the plaintiffs amended their statement of claim and joined the 3rd and 4th defendants as pa