CHEN BOON KWEE v BERJAYA SOMPO INSURANCE BERHAD

02f-32-04-2023j Federal Court (Mahkamah Persekutuan) 13 November 2024 • 02(f)-32-04/2023(J)

Catchwords

Motor insurance - Liability - Insurer's liability against passenger - Passenger obtained judgment for tortious claim for road accident - whether in the circumstances of this case, s.91(1)(b)(bb) of the Road Transport Act 1987 ("RTA") operated to exclude the respondent’s statutory liability under section 96(1) RTA, such that it did not have to pay the appellant the benefit of a judgment he had obtained against the policy-holder at the Sessions Court; - whether s.96(1) RTA permits the beneficiary of a judgment against an insured person to directly enforce the same against an insurer, in this case the respondent, without the need for a further judgment directly against the insurer/respondent by way of a recovery action; and - whether s.96(3) of the RTA provides the sole recourse to an insurer who intends to challenge its liability under s.96(1) of the RTA; and if answered in the affirmative; whether an insurer who has failed to obtain a declaration that an insurance policy was void and/or unenforceable under s.96(3) of the RTA before liability was incurred, is barred from seeking any other relief to challenge or delay the insurer’s liability under s.96(1) of the RTA.

Practice Areas

Judges (3)

Hanipah binti Farikullah Coram Seri Vazeer Alam bin Mydin Meera Coram Zabariah binti Mohd Yusof Delivered

Parties (2)

BERJAYA SOMPO INSURANCE BERHAD Respondent Chen Boon Kwee Appellant

Judgment

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Source: eJudgment (02f-32-04-2023j)