Etiqa General Takaful Berhad 1. ) AWIE ANAK KILAU 2. ) TAMRON AUTO SERVICE 3. ) HALIJAH BINTI ISMAIL 4. ) NUR IFFAH NADZIRAH BINTI MOHD HAFIZ

Etiqa General Takaful Berhad 1. ) AWIE ANAK KILAU 2. ) TAMRON AUTO SERVICE 3. ) HALIJAH BINTI ISMAIL 4. ) NUR IFFAH NADZIRAH BINTI MOHD HAFIZ

The Originating Summons was dismissed because the applicant failed to prove on the balance of probabilities that it was not the insurer of the registered owner at the time of the accident; applicant had effectively admitted insurer status (09-03-2020 letter), the JPJ search and policy period covered the accident, and Federal Court authority (AmGeneral v Sa' Amran) establishes that registration imposes insurer liability irrespective of prior sale.

Citation
WA-24NCC-186-04/2024 (Mahkamah Tinggi)
Parties
Applicant/insurer: Etiqa General Takaful Berhad; 1st Respondent (registered Owner/insured): Awie Anak Kilau; 2nd Respondent (alleged Owner/transferor): Tamron Auto Service; 3rd Respondent (driver of Motorcar): Halijah binti Ismail; 4th Respondent (injured Third Party/plaintiff): Nur Iffah Nadzirah Binti Mohd Hafiz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 August 2025
Case Number
WA-24NCC-186-04/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / High Court Decision (originating Summons Dismissed)
Outcome
Originating Summons dismissed
Legal Topics
Section 96 RTA, Third Party Protection, Insurable Interest, Voidability for Fraud/misrepresentation, Effect of Vehicle Registration on Insurer Liability
Source Language
Malay/English
Insurance Law Road Transport Law Tort (third Party Liability) Civil Procedure Section 96 RTA Third Party Protection Insurable Interest Voidability for Fraud/misrepresentation +1 more

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Parties

Etiqa General Takaful Berhad

Applicant/insurer

Awie Anak Kilau

1st Respondent (registered Owner/insured)

Tamron Auto Service

2nd Respondent (alleged Owner/transferor)

Halijah binti Ismail

3rd Respondent (driver of Motorcar)

Nur Iffah Nadzirah Binti Mohd Hafiz

4th Respondent (injured Third Party/plaintiff)

Procedural Posture

Originating Summons / High Court Decision (originating Summons Dismissed)

Legal Issues

  1. 1 Whether applicant proved on balance of probabilities that it was not the insurer of the registered owner at time of accident
  2. 2 Whether the insurance contract was void ab initio for fraud and misrepresentation by the alleged transferee (R2)

Ratio Decidendi

The Originating Summons was dismissed because the applicant failed to prove on the balance of probabilities that it was not the insurer of the registered owner at the time of the accident; applicant had effectively admitted insurer status (09-03-2020 letter), the JPJ search and policy period covered the accident, and Federal Court authority (AmGeneral v Sa' Amran) establishes that registration imposes insurer liability irrespective of prior sale.

Court Disposition

Originating Summons dismissed

Orders

  • Originating Summons dated 17-04-2024 dismissed
  • Costs of RM 1,000 to be paid by the applicant to the 4th respondent subject to allocatur