MUHAMMAD NOOR REDZUAN BIN MISRAN MUHAMMAD AMIRUL HAFIZ BIN KHAIRULAZUIN

MUHAMMAD NOOR REDZUAN BIN MISRAN MUHAMMAD AMIRUL HAFIZ BIN KHAIRULAZUIN

An unlicensed rider using a public road is committing an illegal act under s26 and, by operation of ss90 and 95, is not covered by third party insurance; public policy and the illegality doctrine (applied with statutory context) preclude affording statutory protection to such a person in this case; accordingly the Appellant cannot benefit and the court imposes 100% liability on the Appellant and affirms the quantum awarded below.

Citation
JA-12B-18-05/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Muhammad Noor Redzuan bin Misran; Respondent/defendant: Muhammad Amirul Hafiz bin Khairulazuin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2020
Case Number
JA-12B-18-05/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident) / Judgment on Appeal
Outcome
Appeal dismissed; Appellant held 100% liable; quantum below affirmed.
Legal Topics
Driving Without Licence, Ex Turpi Causa (illegality Defence), Third Party Motor Insurance, Duty of Care, Statutory Interpretation
Source Language
Malay/English
Road Transport Law Tort (negligence) Insurance Law Public Policy/illegality Driving Without Licence Ex Turpi Causa (illegality Defence) Third Party Motor Insurance Duty of Care +1 more

Case Brief

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Parties

Muhammad Noor Redzuan bin Misran

Appellant/plaintiff

Muhammad Amirul Hafiz bin Khairulazuin

Respondent/defendant

Procedural Posture

Civil Appeal (motor Vehicle Accident) / Judgment on Appeal

Legal Issues

  1. 1 Whether a person riding a motorcycle without a valid licence is entitled to legal protection and damages for a road traffic accident
  2. 2 Whether illegality (ex turpi causa) and statutory insurance provisions bar recovery where driver/rider lacks licence and insurance
  3. 3 Whether appellate court should interfere with quantum and apportionment of liability

Ratio Decidendi

An unlicensed rider using a public road is committing an illegal act under s26 and, by operation of ss90 and 95, is not covered by third party insurance; public policy and the illegality doctrine (applied with statutory context) preclude affording statutory protection to such a person in this case; accordingly the Appellant cannot benefit and the court imposes 100% liability on the Appellant and affirms the quantum awarded below.

Court Disposition

Appeal dismissed; Appellant held 100% liable; quantum below affirmed.

Orders

  • Appeal dismissed with costs
  • Appellant held 100% liable for the accident