Salleh Abas FJ

(delivering the judgment of the Court): The respondent is a widower whose wife named Lakshmi Kanta a/p Krishnanswarni (hereinafter referred to as "the deceased") died on January 26, 1975. The deceased was employed by the first appellant whilst the second appellant was her co-worker employed by the same employer, first appellant. At about 8.30 a.m. on January 26, 1975 whilst the deceased was working at the work site of the first appellant at Jalan Timor, Petaling Jaya she was knocked down by a motor lorry No. BAN 3231 belonging to the first appellant and driven by the second appellant. She was knocked down whilst the second appellant was reversing the lorry. As a result of the injuries caused to the deceased, i.e. shock and haemorrhage and crushed injuries to head, she died almost instantaneously, leaving a widower, the respondent, and eight children whose ages were at the time of death 20, 17, 16, 14, 11, 7, 6 and 5 years. The deceased had been insured by the first appellant under the Employees Social Security Act, 1969 under Insurance No. 32/094346.

On May 10, 1976 the respondent sued the first and second appellants claiming damages under sections 7 and 8 of the Civ