Ong Hock Thye CJ (Malaya) (delivering the judgment of the Court):

The appellants were the rider and pillion passenger on a motor-cycle when a taxi driven by the respondent ran into it from behind. In the High Court at Seremban the learned Judge found as a fact that the drivers of both vehicles were equally blameworthy. He awarded damages in the sum of $1,550 to the first appellant and $5,560 to the second appellant, whose main injury resulted in a one-inch permanent shortening of the right leg and wasting of the muscles.

This appeal raises a number of grounds, all of which were against the findings of fact.

The accident occurred at about 1 p.m. on 5 July 1963 at the 4 1/4; mile, Mantin Pass, after a left-hand bend of the road. The engine of the motorcycle had failed. While remaining seated on the saddle the rider was trying to restart the machine while it was in motion. His passenger was, at the same time, from his pillion seat, using his legs to propel the motorcycle forward. The learned Judge, on the whole of the evidence, came to the conclusion that the joint efforts of the appellants most probably resulted in their failure to maintain proper balance, so that the mach