JUDGMENT

Chang Min Tat FJ:

The accident between the motor-cyclist plaintiff and the defendant motorist occurred when the motor-cyclist cut across the path of the following motorist in turning to a side road on the right. It took place almost on the crown of the road.

The question as always is liability for the accident.

The motor-cyclist said he was travelling on his left side of the road. When about 30 yds from the junction, he gave a right-hand signal. By this signal, he intended to indicate his intention to turn right. At this time he was aware of a car behind him. He had turned round to look and he estimated it to be some 90 yards behind him. Then after proceeding some 5-10 yards or so, he commenced to turn.

His evidence was to a certain extent corroborated by two persons who were at the road side waiting for a bus. They were on the same side and were waiting for a bus coming from the direction of the motor-cycle. Because of this, they said, they were looking in his direction. They therefore saw the way events developed leading to the accident. There were some minor discrepancies in the assessments of distances. These were to be expected. But there was one discrepancy of som