JUDGMENT

Chong Siew Fai CJ (Sabah & Sarawak):

This is an appeal from the decision of the Court of Appeal. The appellants before us are the wife and the son of one Kasim bin Mohd Ali (deceased) who was the plaintiff in an action commenced by him in the High Court at Shah Alam against Capital Insurance Berhad, the respondent herein. Since initially the appellants were not parties in the action, we consider it desirable to give a brief account of the factual background of the case for a better understanding of the controversies before us. We shall begin with the action in the High Court.

Shah Alam Civil Suit No: 23-91-94 (Kasim Mohd Ali v. Capital Insurance Bhd)

On 15 February 1986, the deceased plaintiff, Kasim, whilst riding his bicycle, was involved in a road accident with a taxi driven by one Mohd. Marudi bin Kasmuri (but owned by one Abdul Rahman bin Derman @ Hj Nor). The deceased plaintiff sued both the owner and the driver of the said taxi (Shah Alam High Court Civil Suit No. 23-129-90). On 20 September 1994, judgment was entered against the owner and the driver totalling RM469,495 being special and general damages with interest at rates from various dates to date of settlemen