YUGANES NAIDU A/L SANNASEE NAIDU 1. ) DORAI RAJOO A/L DORAISAMY 2. ) GEETHA A/P SANNASI PENCELAH ALLIANZ GENERAL INSURANCE COMPANY (M) BERHAD

YUGANES NAIDU A/L SANNASEE NAIDU 1. ) DORAI RAJOO A/L DORAISAMY 2. ) GEETHA A/P SANNASI PENCELAH ALLIANZ GENERAL INSURANCE COMPANY (M) BERHAD

The application to intervene was dismissed because the applicant filed it inordinately late after the plaintiff had given evidence, failed to obtain permission and comply with case management directions for a late additional affidavit, and failed to demonstrate a bona fide, timely prima facie case of fraud; although...

Source-derived case information.

Citation
BE-A73KJ-42-11/2022 (Mahkamah Majistret)
Parties
Plaintiff: YUGANES NAIDU A/L SANNASEE NAIDU; Defendant: DORAI RAJOO A/L DORAISAMY; Defendant: GEETHA A/P SANNASI; Proposed Intervener (applicant): ALLIANZE GENERAL INSURANCE CO (M) BHD
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 December 2023
Case Number
BE-A73KJ-42-11/2022 (Mahkamah Majistret)
Procedural Posture
Civil Motor Vehicle Accident (insurance Liability) / Interlocutory — Application to Intervene (annex 19) Decided; Main Trial Ongoing
Outcome
Application (Annex 19) to intervene dismissed
Legal Topics
Intervention, Case Management and Delay, Admission of Affidavits, Allegations of Fraud, Section 96 Road Transport Act 1987
Civil Procedure Insurance Law Motor Vehicle Accidents Evidence Intervention Case Management and Delay Admission of Affidavits Allegations of Fraud +1 more

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Parties

YUGANES NAIDU A/L SANNASEE NAIDU

Plaintiff

DORAI RAJOO A/L DORAISAMY

Defendant

GEETHA A/P SANNASI

Defendant

ALLIANZE GENERAL INSURANCE CO (M) BHD

Proposed Intervener (applicant)

Procedural Posture

Civil Motor Vehicle Accident (insurance Liability) / Interlocutory — Application to Intervene (annex 19) Decided; Main Trial Ongoing

  1. 1 Whether the insurer (proposed intervener) may be allowed to intervene under Order 15 Rule 6 KKM 2012
  2. 2 Whether the applicant's delay in filing the intervention application is fatal
  3. 3 Whether the applicant's additional affidavit filed late should be admitted

Ratio Decidendi

The application to intervene was dismissed because the applicant filed it inordinately late after the plaintiff had given evidence, failed to obtain permission and comply with case management directions for a late additional affidavit, and failed to demonstrate a bona fide, timely prima facie case of fraud; although the insurer has legal and financial interest under Order 15 Rule 6 KKM 2012 and Section 96 RTA 1987, those factors did not justify intervention given delay, non-compliance and lack of credible supporting evidence.

Court Disposition

Application (Annex 19) to intervene dismissed

Orders

  • Application (Annex 19) dismissed
  • Applicant to pay costs of RM 500 to Plaintiff