15 Nov 2024
TAKAFUL IKHLAS GENERAL BERHAD 1. ) Sulochana a/p Chandrasegaran 2. ) Noor Aini Binti Zainuri 3. ) Nur Iqlima Binti Rahim
- Citation
- NA-24NCC-8-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-24NCC-8-06/2024 (Mahkamah Tinggi)
The originating summons was dismissed because the applicant failed to prove receipt of the premium/contribution so as to assume risk under the relevant statutes, failed to demonstrate compliance with statutory pre-contractual enquiry obligations under Section 141/Schedule 9, did not produce the full and complete policy/certificate, and its conduct (including prior confirmation of cover and inordinate delay) amounted to waiver/laches; accordingly no declaratory relief was granted and costs were awarded to respondent first.