5 Aug 2022
AMGENERAL INSURANCE BERHAD 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad 3. ) Nakiuddin Bin Ahmad
- Citation
- 02(f)-75-10/2019(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-75-10/2019(W) (Mahkamah Persekutuan)
Registration/deeming provisions in the Road Transport Act 1987 (notably s.109) and statutory scheme for compulsory third‑party motor insurance (ss.90,91,94,95) impose liability on insurers to innocent third party victims notwithstanding that an insured may have ceased to have an insurable interest; additionally an insurer cannot avail itself of a s.96(3) declaratory order to defeat a third party unless it complied with the proviso to s.96(3) (service and specified grounds) before the date liability was incurred, and courts must not decide contested factual issues affecting liability by origin…