7 Jun 2022
Tokio Marine Insurans (Malaysia) Berhad Subramaniam a/l Mathupaiyan PENCELAH 1. ) DEVAN A/L MARIMUTHU 2. ) YOGESWARAN A/L MARIMUTHU
- Citation
- WA-24NCC-433-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-433-10/2021 (Mahkamah Tinggi)
Court held that sections 94 and 96 RTA protect third party claimants so that a policy breach or undisclosed sale by the insured does not defeat third party claims; however non‑disclosure and wrongful conduct by the policyholder rendered the policy unenforceable as against the 1st Defendant inter partes, while the policy remained enforceable in favour of the 2nd and 3rd Defendants for the accident on 6.5.2018; judgment followed Muhamad Haqimie and Abuseman precedents.