JUDGMENTBY: THOMSON CJ, HILL JA, BARAKBAH JA

THOMSON CJ This appellant is the widow and the administratrix of the Estate of one Johan bin Alias, deceased.

On 4th February, 1960, while cycling along the main road from Ayer Hitam to Kluang Johan bin Alias was knocked down by a motor-car driven by the second defendant and alleged to be the property of the first defendant and sustained personal injuries as a result of which, it is said, he died. In these circumstances the appellant sued for damages for the benefit of the estate of the deceased under section 8(1) of the Civil Law Ordinance and for loss of support for herself and the children of the deceased under section 7 of the Ordinance.

At the trial the evidence against the second defendant was that of two police officers and of a man Paiman bin Mohamed Sadir.

Inspector Ong Chong Watt said that on 4th February, 1960, he received information of an accident at 51/4 milestone Kluang/Ayer Hitam Road and proceeded to the scene where he drew a sketch plan of what he found.

Corporal Sarman bin Talib said that on the morning of 4th February he was on duty at Sri Lalang Police Station when he heard there was an accident at the 5th mil