Abu Talib Bin Baba Tokio Marine Insurans (M) Berhad

Abu Talib Bin Baba Tokio Marine Insurans (M) Berhad

Applying the Federal Court decision in Tirumeniyar, the court held the policy embodies two covers: the policyholder cover (to which the employment exclusion applies) and the authorized driver cover (to which the exclusion did not apply in respect of the deceased). Therefore the insurer is liable under the authorized driver cover and the Sessions Court declaration in favor of the insurer was set aside; insurer must satisfy the judgment and pay costs.

Citation
JB-12BNCvC-12-06/2025 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Abu Talib bin Baba; 1st Respondent/defendant (driver): Mohd Azwan bin Sabtu; 2nd Respondent/defendant (owner): Kanishsha Logistics (as firm); 3rd Respondent/defendant (driver of Car): Jeffrey Teo Jee Onn; 4th Respondent/defendant (owner of Car): Country Garden Pacificview Sdn Bhd; 5th Respondent/defendant (insurer): Tokio Marine Insurans (M) Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 December 2025
Case Number
JB-12BNCvC-12-06/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court After Full Trial
Outcome
Appeal allowed; declaration granted to 5th Respondent by Sessions Court set aside; 5th Respondent liable to satisfy the judgment; costs awarded to Appellant.
Legal Topics
Motor Insurance Policy Exclusions, Road Transport Act 1987 S91/s95/s96, One Policy Two Covers Doctrine, Contra Proferentem Rule
Source Language
Malay/English
Insurance Law Motor Vehicle Law Tort (negligence) Statutory Interpretation Motor Insurance Policy Exclusions Road Transport Act 1987 S91/s95/s96 One Policy Two Covers Doctrine Contra Proferentem Rule

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Parties

Abu Talib bin Baba

Appellant/plaintiff

Mohd Azwan bin Sabtu

1st Respondent/defendant (driver)

Kanishsha Logistics (as firm)

2nd Respondent/defendant (owner)

Jeffrey Teo Jee Onn

3rd Respondent/defendant (driver of Car)

Country Garden Pacificview Sdn Bhd

4th Respondent/defendant (owner of Car)

Tokio Marine Insurans (M) Berhad

5th Respondent/defendant (insurer)

Procedural Posture

Civil Appeal / Appeal From Sessions Court After Full Trial

Legal Issues

  1. 1 Whether the insurer (5th Respondent) is liable under the policy to satisfy judgment for third party death/injury
  2. 2 Whether the insurer is entitled to a declaration avoiding liability under the policy exception for deaths arising in course of employment
  3. 3 Construction and application of the "one policy two covers" principle from Tirumeniyar

Ratio Decidendi

Applying the Federal Court decision in Tirumeniyar, the court held the policy embodies two covers: the policyholder cover (to which the employment exclusion applies) and the authorized driver cover (to which the exclusion did not apply in respect of the deceased). Therefore the insurer is liable under the authorized driver cover and the Sessions Court declaration in favor of the insurer was set aside; insurer must satisfy the judgment and pay costs.

Court Disposition

Appeal allowed; declaration granted to 5th Respondent by Sessions Court set aside; 5th Respondent liable to satisfy the judgment; costs awarded to Appellant.

Orders

  • Declaration granted to 5th Respondent by the Sessions Court is set aside.
  • 5th Respondent (Tokio Marine Insurans (M) Berhad) is liable to satisfy the judgment obtained by the Appellant.