Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Insurance policy coverage

Legal area

Court

20 Feb 2025

BERJAYA SOMPO INSURANCE BERHAD 1. ) LEE CHIN TECK 2. ) Raman a/l Battamalai 3. ) Hong Ma Civil Engineering

Citation

BA-12B-71-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-71-10/2023 (Mahkamah Tinggi)

The workshop where the accident occurred is a private, fenced premises not satisfying the statutory criteria of a 'road' under section 2 of the Road Transport Act 1987; consequently the insurer's policy does not cover the claim arising from that incident and the insurer's counterclaim was allowed, limiting liability to the driver and registered owner only.
28 Nov 2024

SULOCHANA A/P CHANDRASEKARAN 1. ) NOOR AINI BINTI ZAINURI 2. ) NUR IQLIMA DILA BINTI RAHIM

Citation

NB-A73KJ-75-07/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NB-A73KJ-75-07/2023 (Mahkamah Majistret)

On the balance of probabilities the court found Defendant First wholly negligent for turning into the plaintiff's lawful path and causing the collision; defendants were held 100% liable and plaintiff awarded compensatory general and special damages. The insurer's denial of coverage was considered against principles on policy commencement and jurisdictional provisions; entitlement to damages and costs was upheld.