6 Sept 2019
Am General Insurance Berhad 1. Desmond Raj a/l Frederick 2. Beh Guak Siam 3. Pua Chuan Seng
- Citation
- AB-24NCvC-106-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-24NCvC-106-06/2019 (Mahkamah Tinggi)
The Originating Summons was dismissed because the statutory conditions of section 96(3) Road Transport Act 1987 were not met — there was no pending tort action (the civil suit had been struck off), the proviso requirements (including nexus to a commenced action and notice) were not fulfilled, and the insurer had to comply with the consumer‑insurance regime under Financial Services Act 2013 s129 and Schedule 9; absent a live matter in controversy the court will not grant the declaratory relief.