JESUDAS A/L PALANISAMY v PACIFIC & ORIENT INSURANCE CO BERHAD
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)
Case Significance
JESUDAS A/L PALANISAMY v PACIFIC & ORIENT INSURANCE CO BERHAD is a Federal Court (Mahkamah Persekutuan) decision dated August 4, 2022 (citation: 02f-97-12-2019w). 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 JESUDAS A/L PALANISAMY v PACIFIC & ORIENT INSURANCE CO BERHAD?
JESUDAS A/L PALANISAMY v PACIFIC & ORIENT INSURANCE CO BERHAD is a Federal Court decision dated August 4, 2022. The case was heard by Abdul Rahman bin Sebli. See the full judgment for details.