JUDGMENT

Wan Suleiman J (delivering oral judgment):

This is an appeal against the decision of the late Mr. Hashim J in which he dismissed the claim by the plaintiff/respondent. The defendant/appellant appealed.

The brief facts of the case are that on the night of 1 December 1962 the plaintiff/respondent was returning home to Pasir Mas from Kota Bharu on the Kota Bharu/Pasir Mas road when at the 10'bd milestone, an oncoming Land Rover driven by an employee of the appellant/defendant knocked into the front bumper of the car being driven by the plaintiff/respondent. There were, as is often to be expected in cases of this sort, two varying accounts of what actually happened and, in deciding what the truth of the matter was, I feel that the proper thing to consider is not so much what the plaintiff/respondent said or what the defendant/appellant said but what the sergeant, whom I consider to be an independent witness, witness No. 2 for the plaintiff, had to say in this matter. The most important part of the evidence of Sgt 7291, Mahmud bin Awang Kechik, in my view, is that relating to a tyre mark measuring 117' 6'' which was admitted by both sides had been found on the grass verge on t