JUDGMENT

Syed Agil Barakbah J:

This is a claim for general and special damages by the plaintiff who was a crab catcher by profession prior to an accident which occurred on 12 September 1968, at about 12.10 a.m. According to the Agreed Statement of Facts, the plaintiff was cycling along Bakar Arang Road towards Sungei Patani town. The defendant was driving a motorcar No. K9192 and proceeding towards the opposite direction. There was a collision between the said motorcar and the plaintiff's bicycle. The plaintiff alleges that as a result of the accident he suffered injuries and as a result his right leg is shortened by one inch and he walks with a limp. The plaintiff further alleges the accident occurred due to the negligent driving of the defendant. The defendant, on the other hand, denies negligence and maintains that the accident was solely caused by or contributed to by the negligence of the plaintiff himself.

Mr. Triptipal Singh appeared for the plaintiff and Mr. Lim Ewe Hock for the defendant.

The facts are simple but the evidence conflicting since both sides gave different versions.

According to the plaintiff, he was cycling about 3 feet away on his side of the road towards