19 Nov 2021
ETIQA GENERAL TAKAFUL BERHAD 1. ) Thavani A/p Krishnan 2. ) P KRISHNASAMY A/L PATCHAYAPPAN 3. ) XXXX
- Citation
- WA-24NCC-64-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-64-02/2021 (Mahkamah Tinggi)
The court held that the Policy expressly excludes passenger liability except where passengers are carried for hire/reward or by reason of or in pursuance of a contract of employment; the deceased and injured passengers were minors and mere passengers not employed or carried for hire/reward, therefore the Policy did not cover their claims and the insurer was entitled to a declaration under s96(3) RTA that the Policy was void and unenforceable with respect to the accident.