27 Aug 2021
AMGENERAL INSURANCE BERHAD (44191-P) 1. MOHAMAD KASSIM BIN SAAD 2. SABER BIN ABDUL HASHIM 3. MUHAMMAD AMIRRUL BIN MOHD YUSOF
- Citation
- WA-24NCC-49-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-49-02/2021 (Mahkamah Tinggi)
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.