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1995 MarsdenLR 584

HIGH COURT MALAYA JOHOR BAHRU
LEE TAI KAU & ANOR – Appellant
Versus
RAJANDERAN MANICKAM & ANOR – Respondent


Petitioner Advocates:Kamsimah Mohamed ,Respondent Advocate: Mohd Azuan Abdul Rahman

JUDGMENT

Abdul Malik Ishak J:

[1] Both the parents ('the father' being the first plaintiff and "the mother" being the second plaintiff) did not witness the accident that killed their 20 year old unmarried son ("the deceased") who was riding motorcycle JCE 3492 along the stretch of Jalan Johor Bahru - Kota Tinggi road on 19 July 1992 at about 8.40 pm. Fortunately, some light was shed as to how the accident occurred through the evidence of Mohd Daud bin Che Mat (SP3) ("Daud") the driver of motor bus DN 1465. Daud testified that he was involved in an accident whilst driving the said motor bus ladened with passengers on his way to Kota Bharu from Johor Bahru and that the accident occurred at 91/2 milestone along the stretch of Jalan Johor Bahru - Kota Tinggi road. Daud testified that he left Johor Bahru at 8.00 pm and that stretch of the road, at the material time, was quite dark without any street lights and he had to switch on the exterior front lights of the said motor bus. The road, however, was not busy. The weather condition was good and it was not raining either. Daud described that the road on his side had two lanes whilst the opposite traffic would be utilising only one lane. Th

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