AMGENERAL INSURANCE BERHAD (44191-P) 1. MOHAMAD KASSIM BIN SAAD 2. SABER BIN ABDUL HASHIM 3. MUHAMMAD AMIRRUL BIN MOHD YUSOF

AMGENERAL INSURANCE BERHAD (44191-P) 1. MOHAMAD KASSIM BIN SAAD 2. SABER BIN ABDUL HASHIM 3. MUHAMMAD AMIRRUL BIN MOHD YUSOF

Plaintiff failed to prove on the balance of probabilities that the insured vehicle had been sold: documentary evidence was absent, the statutory declaration exhibited significant gaps and delay undermined credibility; accordingly the first defendant remains the registered owner and insured for RTA purposes, and under the Court of Appeal authority (Muhamad Haqimie) and ss91/94/96/109 RTA the insurer cannot obtain the declaration to render the policy void as against the third party; result: originating summons dismissed.

Citation
WA-24NCC-49-02/2021 (Mahkamah Tinggi)
Parties
Plaintiff: AMGENERAL INSURANCE BERHAD (44191-P); First Defendant: MOHAMAD KASSIM BIN SAAD; Second Defendant: SABER BIN ABDUL HASHIM; Third Defendant: MUHAMMAD AMIRRUL BIN MOHD YUSOF
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2021
Case Number
WA-24NCC-49-02/2021 (Mahkamah Tinggi)
Procedural Posture
Section 96 Road Transport Act 1987 Declaratory Proceeding (insurance Policy Validity) / Judgment at High Court (commercial Division)
Outcome
Originating Summons dismissed
Legal Topics
Insurable Interest, Validity/avoidance of Insurance Policy, Section 96 RTA Declarations, Third Party Rights Under Compulsory Motor Insurance, Effect of Transfer/sale of Insured Vehicle
Source Language
Malay/English
Insurance Law Road Traffic Law Civil Procedure Contract/property Interest Insurable Interest Validity/avoidance of Insurance Policy Section 96 RTA Declarations Third Party Rights Under Compulsory Motor Insurance +1 more

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Parties

AMGENERAL INSURANCE BERHAD (44191-P)

Plaintiff

MOHAMAD KASSIM BIN SAAD

First Defendant

SABER BIN ABDUL HASHIM

Second Defendant

MUHAMMAD AMIRRUL BIN MOHD YUSOF

Third Defendant

Procedural Posture

Section 96 Road Transport Act 1987 Declaratory Proceeding (insurance Policy Validity) / Judgment at High Court (commercial Division)

Legal Issues

  1. 1 Whether the insured vehicle was factually sold prior to the accident
  2. 2 Whether the first defendant retained an insurable interest if the vehicle was sold
  3. 3 Whether any sale or change of ownership would render the insurance policy void or unenforceable and affect insurer's liability to the third party

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities that the insured vehicle had been sold: documentary evidence was absent, the statutory declaration exhibited significant gaps and delay undermined credibility; accordingly the first defendant remains the registered owner and insured for RTA purposes, and under the Court of Appeal authority (Muhamad Haqimie) and ss91/94/96/109 RTA the insurer cannot obtain the declaration to render the policy void as against the third party; result: originating summons dismissed.

Court Disposition

Originating Summons dismissed

Orders

  • Originating Summons dismissed
  • Declaration that insurance policy was void or unenforceable under s96(3) RTA refused