PACIFIC & ORIENT INSURANCE CO. BERHAD v 1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) Navin Naicker A/l Vijayan 3. ) Yahya Bin Yacob

02f-28-04-2021w Federal Court (Mahkamah Persekutuan) 4 August 2022 • 02(f)-28-04/2021(W)

Catchwords

INSURANCE: Third party risks insurance policy - Transfer of interest - Failure to register change of ownership of motor vehicle under section 13(1) of the Road Transport Act 1987 – Effect of. INSURANCE: Third party claim– Whether registration imposes liability on insurer notwithstanding insured ceased to have insurable interest in the motor vehicle at the time of accident. INSURANCE: Statutory presumption of liability under section 109(2) of the Road Transport Act 1987. INSURANCE: Third party rights against insurer – Application for declaration pursuant to section 96(3) of the Road Transport Act 1987 – Service of cause papers to third party – Non-compliance with the proviso to section 96(3) of the Road Transport Act 1987 – Effect of. INSURANCE: Statutory protection to road accident victims – Sections 90, 91, 94 95 to 107 of the Road Transport Act 1987. INSURANCE: Third party rights against insurer – Claim under insurance policy –Statutory obligation of insurer to pay judgment sum obtained by third party under section 96(1) of the Road Transport Act 1987. INSURANCE: Declaratory order under section 96(3) of the Road Transport Act 1987- Whether suitable to determine liability in negligence arising out of use of motor vehicle.

Practice Areas

INSURANCE: Third party risks insurance policy INSURANCE: Third party claim– Whether registration imposes liability on insurer notwithstanding insured ceased to have insurable interest in the motor vehicle at the time of accident. INSURANCE: Statutory presumption of liability under section 109(2) of the Road Transport Act 1987. INSURANCE: Third party rights against insurer INSURANCE: Statutory protection to road accident victims INSURANCE: Declaratory order under section 96(3) of the Road Transport Act 1987- Whether suitable to determine liability in negligence arising out of use of motor vehicle.

Judges (3)

Abdul Rahman bin Sebli Delivered Hasnah binti Dato' Mohammed Hashim Coram Rhodzariah binti Bujang Coram

Parties (4)

PACIFIC & ORIENT INSURANCE CO. BERHAD Appellant Navin Naicker a/l Vijayan Respondent Shahrul Iman bin Abdullah Respondent Yahya bin Yacob Respondent

Case Significance

PACIFIC & ORIENT INSURANCE CO. BERHAD v 1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) N... is a Federal Court (Mahkamah Persekutuan) decision dated August 4, 2022 (citation: 02f-28-04-2021w). The panel comprised Abdul Rahman bin Sebli, Hasnah binti Dato' Mohammed Hashim and Rhodzariah binti Bujang, with Abdul Rahman bin Sebli delivering the judgment.

Key issues: INSURANCE: Third party risks insurance policy - Transfer of interest - Failure to register change of ownership of motor vehicle under section 13(1) of the Road Transport Act 1987 – Effect of..

What was the outcome of PACIFIC & ORIENT INSURANCE CO. BERHAD v 1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) N...?

PACIFIC & ORIENT INSURANCE CO. BERHAD v 1. ) SHAHRUL IMAN BIN ABDULLAH 2. ) N... is a Federal Court decision dated August 4, 2022. The case was heard by Abdul Rahman bin Sebli. See the full judgment for details.