JUDGMENT

Raja Azlan Shah J:

This is a claim for damages in respect of personal injuries sustained by both the plaintiffs in a road accident. At the material time, the first plaintiff was the rider of a motor-cycle which was involved in the accident with a car driven by the defendant. The second plaintiff was a pillion rider on the motor-cycle.

With regard to the second plaintiff, general damages were agreed at $27,000 and special damages at $3,295. This plaintiff is 23 years old and earned $180 as a salesman in a drug store. He suffered a fracture of the shaft of the right femur and three inches shortening. He was admitted to hospital for about three months and continued as an outpatient for about one year. He now walks with a limp. The main limitation is in the external rotation. He cannot squat fully because of the injury to his femur eight inches above the knee joint.

With regard to the first plaintiff, special damages were agreed at $70. The substantial question for determination is whether negligence had been established, and if so, whether there was contributory negligence on the part of the plaintiffs.

The plaintiffs' case is that on 7 December 1963, between 8.00 and 8.30