PACIFIC & ORIENT INSURANCE CO. BERHAD v ARNANDAN A/L SORIA DEMADU

02f-30-07-2020k Federal Court (Mahkamah Persekutuan) 4 August 2022 • 02(f)-30-07/2020(K)

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

Judges (3)

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

Parties (2)

PACIFIC & ORIENT INSURANCE CO. BERHAD Appellant Arnandan a/l Soria Demadu Respondent

Judgment

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Source: eJudgment (02f-30-07-2020k)