15 Apr 2019
ETIQA TAKAFUL BERHAD (Co. No.: 9557-T) 1. CHONG MENG KOOI 2. BERJAYA SOMPO INSURANCE BERHAD
- Citation
- BA-11ANCVC-52-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-11ANCVC-52-11/2018 (Mahkamah Tinggi)
The appeal is allowed and the action is struck out because the plaintiffs failed to prove the statutory prerequisites for insurer liability under s96 RTA: no enforceable policy issued by the defendant to the insured (no consideration/premium), no certificate of insurance delivered, non-compliance with s96(2)(a) notice requirement, absence of novation under s63 Contracts Act, and the prior policy lapsed on sale of the vehicle; JPJ records do not supply the missing statutory proof and the claim is frivolous/vexatious and an abuse of process.