JUDGMENT

VT Singham JC:

This is an appeal by the appellants/defendants against the decision of the Sessions Court judge, Taiping wherein the respondent/plaintiff's claim against the appellants/defendants was allowed with costs on 14 September 2000 and liability was apportioned as 50:50. The appellants/defendants being dissatisfied with the decision had filed an appeal to the High Court by a notice of appeal dated 18 September 2000 against the decision on liability.

Claim

The respondent's claim against the appellants was for damages arising out of a road accident which occurred on 22 December 1994 at/about 4.30am at KM 202.2 Lebuhraya Ipoh-Butterworth in the district of Kerian. The respondent was driving m/lorry No: WBM 5061 and the 1st appellant was driving m/trailer No: KD 552.

In this appeal, the 1st appellant and the respondent will be referred to as the defendant and the plaintiff respectively. In order to arrive at a just decision it is important to set out and consider the following relevant evidence which was adduced at the trial on behalf of both the parties.

Plaintiff's Version Of The Accident (SP3) (Evidence-In-Chief Of Plaintiff)

The plaintiff's evidence was that he was driving