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1990 MarsdenLR 822

HIGH COURT MALAYA IPOH
BALAKRISHNAN KUNJAMBOO NAIR – Appellant
Versus
SAVASTINE ANTHONY FRANCIS – Respondent


Petitioner Advocates:Darshan Singh Gill ,Respondent Advocate: Prakash Menon

JUDGMENT

Abdul Malek Ahmad J:

[1] The plaintiff had claimed from the defendants special and general damages for the injuries sustained by him as a result of the accident between his motorcycle AT 2562 and the second defendant's motor van AAM 6236 driven by the first defendant on 8 August 1981 at about 4 pm at the 4½ milestone Ipoh-Kuala Kangsar road. Special damages agreed to at the outset were made up of RM40 for the medical report, RM400 for the specialist report and X-rays, RM22 for the police documents, RM10 for the RIMV report and RM300 for the travelling expenses to the General Hospital Ipoh and the General Hospital Kuala Lumpur for treatment. Only one item of special damages, which was for loss of income at RM1,000 per month for sixteen months and continuing, had not been agreed to. Similarly, liability and general damages were also disputed.

[2] Before the hearing began, learned Counsel for the plaintiff had told the Court that the first defendant's police report at p 1 of the agreed bundle was subject to cross-examination and that the sketch plan and key at pp 2 and 3 of that agreed bundle were not agreed to. Learned Counsel for the defendants expectedly objected to this stat

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