JUDGMENT

Abdul Malik Ishak J:

Introduction

The learned sessions court judge in the person of Madam Komathy Suppiah ("trial court") gave judgment to the plaintiff and held that the first defendant as the servant or agent of the second defendant wholly liable for the motor vehicle accident that took place on 22 November 1994 at about 12.00 midnight at Jalan Stulang Laut, Johor Bahru, Johore. The trial court ordered the defendants to pay the plaintiff the judgment sum of RM101,993.00 together with interest and costs. The breakdown of the judgment sum of RM101,993.00 as ordered by the trial court was in this manner:

(a) damages for pain and suffering together with loss of amenities were computed at RM70,000;

(b) loss of earnings at RM21,236 which was made up of:

(i) an agreed part time earnings at RM8,000 as reflected at p. 19 of the additional record of appeal in encl. 10; and

(ii) plaintiff's loss of earnings as a car salesman at RM13,236.

(c) agreed special damages at RM10,757.

At the material time, the plaintiff was driving a motor car bearing registration number JCY 8733 from Johor Bahru towards Jalan Pasir Pelangi whereas the first defendant was driving a motor car bearing regist