PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) Abdul Ghani Bin Mohd Noor 2. ) MOHAMAD HAIZIR ASRAF BIN MOHAMAD TARMIZI 3. ) EMBI MOHD RIDZUAN BIN MAT HUSSIN

PACIFIC & ORIENT INSURANCE CO. BERHAD 1. ) Abdul Ghani Bin Mohd Noor 2. ) MOHAMAD HAIZIR ASRAF BIN MOHAMAD TARMIZI 3. ) EMBI MOHD RIDZUAN BIN MAT HUSSIN

The High Court held the trial judge was not plainly wrong on findings of liability or on the assessment of quantum; the appellant failed to prove fraud or unauthorised rider, failed to call key witnesses, and the loss of earnings award was reasonable; accordingly the appeal was dismissed and the trial judgment affirmed.

Citation
BA-12B-20-03/2025 (Mahkamah Tinggi)
Parties
Appellant (3rd Defendant in Trial): Pacific & Orient Insurance Co. Berhad; Respondent (plaintiff in Trial): Abdul Ghani bin Mohd Nor; Respondent (1st Defendant in Trial): Mohamad Haizir Asraf bin Mohamad Tarmizi; Respondent (2nd Defendant in Trial): Embi Mohd Ridzuan bin Mat Hussin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2025
Case Number
BA-12B-20-03/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (liability and Quantum) / Judgment on Appeal (high Court)
Outcome
Appeal dismissed; trial judgment affirmed
Legal Topics
Liability, Quantum of Damages, Fraud Allegation, Unauthorised Rider, Appellate Review Standard
Source Language
Malay/English
Tort Motor Vehicle Accident Insurance Law Civil Procedure Liability Quantum of Damages Fraud Allegation Unauthorised Rider +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Pacific & Orient Insurance Co. Berhad

Appellant (3rd Defendant in Trial)

Abdul Ghani bin Mohd Nor

Respondent (plaintiff in Trial)

Mohamad Haizir Asraf bin Mohamad Tarmizi

Respondent (1st Defendant in Trial)

Embi Mohd Ridzuan bin Mat Hussin

Respondent (2nd Defendant in Trial)

Procedural Posture

Civil Appeal (liability and Quantum) / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the trial judge was plainly wrong in finding liability against the defendants
  2. 2 Whether the appellant proved fraud or that an unauthorised rider was involved
  3. 3 Whether the award for loss of earnings and other damages was excessive

Ratio Decidendi

The High Court held the trial judge was not plainly wrong on findings of liability or on the assessment of quantum; the appellant failed to prove fraud or unauthorised rider, failed to call key witnesses, and the loss of earnings award was reasonable; accordingly the appeal was dismissed and the trial judgment affirmed.

Court Disposition

Appeal dismissed; trial judgment affirmed

Orders

  • Appeal dismissed
  • Trial court judgment dated 7.3.2025 affirmed