ZURICH GENERAL INSURANCE (M) BERHAD 1. ) Lailin Sinin (Sebagai Wakil Diri Kepada Ronny Emanuel Rabinus (Si Mati)) 2. ) RAUF SAIFFUDDIN BIN JANTAN

ZURICH GENERAL INSURANCE (M) BERHAD 1. ) Lailin Sinin (Sebagai Wakil Diri Kepada Ronny Emanuel Rabinus (Si Mati)) 2. ) RAUF SAIFFUDDIN BIN JANTAN

Court held Kem Syed Sirajuddin (army camp) is a restricted/protected area lacking public access and does not perform the function of a road connecting places for the general public; therefore the accident did not occur on a "road" within Section 2 RTA and the policies did not cover the incident; declarations sought under Section 96(3) RTA were granted (prayers 1, 3 and 4) with no order as to costs.

Citation
WA-24NCC-837-08/2022 (Mahkamah Tinggi)
Parties
Plaintiff (suit 837): Zurich General Insurance Malaysia Berhad; Plaintiff (suit 917): Zurich General Takaful Malaysia Berhad; Defendant (1st Defendant in Suit 837; 3rd Defendant in Suit 917): Lailin Sinin; Defendant (2nd Defendant in Suit 837; 2nd Defendant in Suit 917): Rauf Saifuddin bin Jantan; Defendant (1st Defendant in Suit 917): Nor Hasimah Binti Zainal Abidin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 August 2023
Case Number
WA-24NCC-837-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Originating Summonss for Declaratory Relief Under Section 96(3) Road Transport Act 1987 / Judgment Delivered
Outcome
Originating summonses allowed in part; declarations granted that the policies did not cover the accident as it did not occur on a "road" under Section 2 RTA; no order as to costs
Legal Topics
Definition of "road" Under Section 2 RTA, Policy Coverage Exclusions, Section 96(3) RTA Declarations, Public Access Requirement, Protected Areas and Access Restrictions
Source Language
Malay/English
Insurance Law Road Transport Law Civil Procedure Tort Definition of "road" Under Section 2 RTA Policy Coverage Exclusions Section 96(3) RTA Declarations Public Access Requirement +1 more

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Parties

Zurich General Insurance Malaysia Berhad

Plaintiff (suit 837)

Zurich General Takaful Malaysia Berhad

Plaintiff (suit 917)

Lailin Sinin

Defendant (1st Defendant in Suit 837; 3rd Defendant in Suit 917)

Rauf Saifuddin bin Jantan

Defendant (2nd Defendant in Suit 837; 2nd Defendant in Suit 917)

Nor Hasimah Binti Zainal Abidin

Defendant (1st Defendant in Suit 917)

Procedural Posture

Civil Originating Summonss for Declaratory Relief Under Section 96(3) Road Transport Act 1987 / Judgment Delivered

Legal Issues

  1. 1 Whether the accident occurred on a "road" as defined in Section 2 Road Transport Act 1987
  2. 2 Whether the insurance/takaful policies covered the accident under their terms and Section 91(1)(b) RTA
  3. 3 Whether prerequisites of Section 96(3) RTA were met to obtain declaratory relief

Ratio Decidendi

Court held Kem Syed Sirajuddin (army camp) is a restricted/protected area lacking public access and does not perform the function of a road connecting places for the general public; therefore the accident did not occur on a "road" within Section 2 RTA and the policies did not cover the incident; declarations sought under Section 96(3) RTA were granted (prayers 1, 3 and 4) with no order as to costs.

Court Disposition

Originating summonses allowed in part; declarations granted that the policies did not cover the accident as it did not occur on a "road" under Section 2 RTA; no order as to costs

Orders

  • Prayers 1, 3 and 4 of Originating Summons WA-24NCC-837-08/2022 allowed
  • Prayers 1, 3 and 4 of Originating Summons WA-24NCC-917-09/2022 allowed