JUDGMENT

VT Singham JC:

This is an appeal against the decision of the Sessions Court judge, Taiping who had dismissed the plaintiff's claim on 26 July 2000 for damages against two Consultant Eye Specialists at the Hospital Taiping. In this appeal, the appellant and the respondents will be referred to as the plaintiff and the defendants respectively.

The 1st and 2nd defendants, Dr. Amarjeet Kaur and Dr. Yap Chee Seng were at all material times the Consultant Eye Specialists at the Hospital Taiping. The 3rd defendant Dr. Teh Lei Choo was at all material times the Director of the Hospital Taiping. The 4th defendant being the Government of Malaysia was the employer of the 1st, 2nd and 3rd defendants.

The brief summary of the plaintiff's claim and evidence is as follows:

(1) on 20 September 1993, in the afternoon while he was cutting grass in his house compound using a grass cutter machine, he was hit on his (R) eye with some foreign body or object. He went to Hospital Taiping. At the Eye Clinic, he was examined by both Dr. Amarjeet Kaur and later by Dr. Yap Chee Seng, the 1st and 2nd defendants respectively and other medical officers. He was told by Dr. Amarjeet Kaur that there was a f