8 Apr 2026
TUNE INSURANCE MALAYSIA BERHAD 1. ) MUSTAFA BIN MUSA 2. ) XXXX 3. ) MOHD NOR BIN MUSA
- Citation
- WA-24NCC-581-10/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-581-10/2025 (Mahkamah Tinggi)
On the balance of probabilities the garage and forecourt were accessible to the public and satisfied the RHB three-criteria test (defined route, connects places, public access); plaintiff failed to prove physical barriers or control that would exclude the area from the statutory definition of "road"; therefore the insurance policy remained in force and the insurer could not avoid statutory liability.