Tan Kek Ong MSIG INSURANCE (MALAYSIA) BERHAD

Tan Kek Ong MSIG INSURANCE (MALAYSIA) BERHAD

The High Court allowed the plaintiff's claim for the market value of the vehicle (RM77,000) because agreed policy documents (renewal certificate and market valuation) established that sum as both insured amount and market value; the loss of use claim was rejected because the policy expressly excluded such losses;...

Source-derived case information.

Citation
DA-12B-21-06/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Tan Kek Ong; Respondent/defendant: MSIG Insurance (Malaysia) Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 May 2025
Case Number
DA-12B-21-06/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle/insurance) / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal allowed in part and dismissed in part; plaintiff awarded market value and nominal damages, loss of use claim dismissed, Sessions Court judgment on counterclaim maintained in other respects.
Legal Topics
Motor Vehicle Accident, Beyond Economic Repair (ber), Policy Interpretation, Loss of Use Exclusion, Nominal Damages, Insurer Settlement Offers
Insurance Law Contract Law Tort (negligence) Motor Vehicle Accident Beyond Economic Repair (ber) Policy Interpretation Loss of Use Exclusion Nominal Damages +1 more

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Summary, issues, holding and outcome

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Parties

Tan Kek Ong

Appellant/plaintiff

MSIG Insurance (Malaysia) Bhd

Respondent/defendant

Procedural Posture

Civil Appeal (motor Vehicle/insurance) / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Entitlement to market value compensation under the policy when insurer declares BER
  2. 2 Whether loss of use claim is excluded by express policy terms
  3. 3 Whether insurer may remove/transfer the vehicle prior to payment and effect on ownership

Ratio Decidendi

The High Court allowed the plaintiff's claim for the market value of the vehicle (RM77,000) because agreed policy documents (renewal certificate and market valuation) established that sum as both insured amount and market value; the loss of use claim was rejected because the policy expressly excluded such losses; the unauthorized removal entitled only nominal damages (RM1,000) as no actual loss was shown; the Sessions Court decision on the insurer's counterclaim was otherwise maintained.

Court Disposition

Appeal allowed in part and dismissed in part; plaintiff awarded market value and nominal damages, loss of use claim dismissed, Sessions Court judgment on counterclaim maintained in other respects.

Orders

  • Decision of Sessions Court that rejected the plaintiff reversed in part
  • Award to plaintiff of RM77,000 as special damages for market value of vehicle