14 Nov 2024
CHEN BOON KWEE BERJAYA SOMPO INSURANCE BERHAD
- Citation
- 02(f)-32-04/2023(J) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-32-04/2023(J) (Mahkamah Persekutuan)
Federal Court held that (1) no separate recovery action is required before a third‑party may enforce a judgment obtained against an insured under s.96(1) RTA; (2) s.96(3) is not the insurer's sole recourse because an insurer may timely intervene in the liability action or seek a declaration before liability is incurred; and (3) s.91(1)(b)(bb) covers passengers carried by reason of or in pursuance of a contract of employment and, on the facts, the appellant fell within that category so the insurer was liable to indemnify and the appellant may enforce the Sessions Court judgment against the ins…