JUDGMENT

Richard Malanjum J

This is an action by the infant plaintiff (hereinafter referred to as 'the infant plaintiff') suing by his next friend, Wong Chin Yong, who is his father, against the first and second defendants. The claims are jointly and severally for damages (both general and special), interest and costs pertaining to the head injury sustained by the infant plaintiff as a result of him being knocked down by a car no KN 2021 (hereinafter referred to as 'the said car') owned by the second defendant and driven by the first defendant on 17 September 1987 at about 5.45pm along Muara Tuang Road, Kuching.

The undisputed facts

It was not in dispute that at the time when the infant plaintiff was knocked down, he was just short of three days to his third birthday, having been born on 20 September 1984.

The other undisputed facts are as follows:

(i) that the infant plaintiff was on his way home together with his two elder brothers when he was knocked down by the said car;

(ii) that the infant plaintiff was crossing the Muara Tuang Road and was about a meter to the other side of the road which he was heading for when he was knocked down;

(iii) that there were grass fringes on bot