RK Nathan J:

Facts

On 29 April 1996 at or about 10.45am the 1st respondent/plaintiff was riding motorcycle PCQ 5344 with the 2nd respondent/plaintiff as pillion along the North/South Highway and proceeding from the direction of Alor Star towards Pulau Pinang when a collision occurred between the said motorcycle and motorcar KAF 110 driven by the 1st defendant as the servant or agent of the 2nd defendant. The highway towards Penang, based on the key and sketch has two lanes being 7.30 meters in total width. On the left is another lane measuring 2.70 meters which is stated to be the emergency lane, although the agreed key and sketch plan tendered in court does not state that this is an emergency lane.

Plaintiffs' Case

The pleaded case of the plaintiffs is that as the 1st plaintiff reached km 115.4 the 1st defendant suddenly and without warning cut into the plaintiffs' path from a stationary position on the left of the emergency lane, intending to enter into the mainstream of traffic.

Case For The Defence

As for the pleaded case of the defendants I am unable to ascertain what it is as the defendants/appellants have failed to include in the record of appeal certain pages of th