3 Oct 2021
AMGENERAL INSURANCE BERHAD (NO. SYARIKAT: 44191-P) 1. ALIAS BIN ZAKARIA (NO. K/P: 610609-03-6125) 2. MOHD AZHAM BIN BAHRUDIN (NO. K/P: 830208-03-5513)
- Citation
- DA-24NCvC-102-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24NCvC-102-03/2021 (Mahkamah Tinggi)
The originating summons was dismissed because the insurer failed to prove on the interlocutory record that the accident arose from illegal racing and because permitting a declaration would unfairly prejudice the third party; moreover, even if illegal racing were proved, the statutory scheme (s91 and s95(k) RTA 1987) protects third-party claims and prevents the insurer from avoiding liability at this stage.