JUDGMENT

Nixon Kennedy Kumbong, SJ:

Introduction

[1] The trial date of this matter was on 16 January 2009 with the plaintiff having called the following witnesses:

(a) PW1 - Dr Norma Mohamad; and

(b) PW2 - the plaintiff himself

[2] The plaintiff had duly served the first and second defendants the notice of trial informing both the first and second defendants of the hearing of assessment of damages on 16 January 2009 at 9.00 am by way of substituted service in one issue of the "Borneo Post" newspaper on 10 January 2009, affidavit of service thereof was duly filed.

[3] Despite service thereof, both the first and second defendants failed/refused to attend the hearing on 16 January 209 at 9.00 am whereby this court has proceeded with the hearing for the assessment of damages with two witnesses being called for the plaintiff, to testify. There was only one bundle referred to at the hearing, namely the plaintiff's bundle of documents dated 27 September 2007 marked "A".

Exhibits

[4] The following documents were referred to and tendered as plaintiff's exhibits:

(a)	Plaintiff's discharge summary at p 5 of bundle "A", plaintiff's medical report dated 9 February 2006 at p 4 of bundle "A"	exh P1
(b)	Affidavit - Witness statement of the plaintiff affirmed on 14 January 2009.	exh P2
(c)	Bill from Sarawak General Hospital for RM 213.00 at p 5 of bundle "A"	exh P3
(d)	Receipt for payment of medical report at p 8 of bundle "A"	exh P4
(e)	JPJ search for motorcar No SF722Q and receipt for RM 10.00 at p 18 of bundle "A"	exh P5
(f)	Letter of demand notice dated 1 October 2007 to first defendant together with fax transmission slip, postal receipts and AR cards at pp 19-26 of bundle "A"	exh P6(1-6)
(g)	Letter of demand dated 1 October 2007 to second defendant together with postal receipts and AR cards at pp 27-28 of bundle "A"	exh P7(1-6)
(h)	Statutory notice dated 16 October 2007 to Asia Insurance (Malaysia) Berhad (merged with Tokio Marine Insurans (Malaysia) Berhad) together with fax transmission slip, postal receipt and AR card at pp 33-36 of bundle "A"	exh P8(1-4)
(i)	Letter from Tokio Marine Insurans (Malaysia) Berhad at p 40 of bundle "A"	exh P9

Evidence Of Witnesses

[5] PW1 - Dr Norma Mohamad testified, among others, that:

1. That she wrote the plaintiff's discharge summary dated 28 July 2006 (exh P1);

2. That she saw and personally examined the plaintiff when the plaintiff was admitted at the Sarawak General Hospital;

3. That she had personal knowledge of the contents of the said discharge summary;

4. That the plaintiff sustained closed fracture of left femur in the said accident;

5. That the plaintiff had undergone K-nailing operation, namely the procedure to insert metal implants inside the plaintiff's fractured thigh bone to make it still. Apart from the fracture of the left femur, the plaintiff sustained no other injuries.

[6] PW2 - the plaintiff himself testified, among others, by way of his witness statement (exh P2). According to PW2, as a result of the collision, he fractured his left thigh bone and was admitted to the Sarawak General Hospital (SGH) for eight days. Please refer to discharge summary dated 28 July 2006 at p 4 of the PBD (exh P1).

[7] During admission, he was not able to move. He was lying in bed all the time as his left leg was tied to a heavy bag to prepare him for the operation of his fractured left thigh bone. He underwent an operation to insert metal implants into the left thigh bone on 24 July 2006.

[8] Even after the operation, he was still not able to move his left leg as the slightest movement could cause unbearable pain in the left thigh.

[9] During his admission for the eight days at SGH, he was cared for by his mother and father who helped to clean his body and change his clothes.

[10] He sustained pain in all parts of his body especially to his left shoulder due to the hard fall. He also sustained several abrasion and laceration wounds at the elbows and knees.

[11] After his discharge from SGH on 28 July 2006, he was still not able to walk independently.