AXA AFFIN GENERAL INSURANCE BERHAD v 1. ) VIKNESWARAN A/L NADAN 2. ) Shathiswaran A/l Nadaraja 3. ) MUNEESWARI A/P RAMAN

ba-12b-43-06-2023 High Court (Mahkamah Tinggi) 26 November 2025 • BA-12B-43-06/2023

Catchwords

BA-12B-41-05/2023, BA-12B-42-05/2023 and BA-12B-43-06/2023 are consolidated appeals arising from the decision of the learned Sessions Court Judge delivered on 19 May 2023. The Plaintiff’s claim for damages arising out of a motor-vehicle accident was dismissed, while the counterclaim of the Third Defendant, the insurer of the vehicle, was allowed with costs. BA-12B-41-05/2023 – the Plaintiff’s appeal against the dismissal of his claim and the allowance of the insurer’s counterclaim; BA-12B-42-05/2023 – the First and Second Defendants’ appeal confined to the order on costs; and BA-12B-43-06/2023 – the insurer’s appeal on quantum. This Court decided to allow the appeals in BA-12B-41-05/2023 and BA-12B-42-05/2023, and dismissed the appeal in BA-12B-43-06/2023. Dissatisfied with the decision, the Third Defendant filed four separate appeals to the Court of Appeal which are appeal against the decision in BA-12B-41-05/2023 on the issue of liability, quantum, Third Defendant’s counterclaim and award of costs; appeal against the decision in BA-12B-41-05/2023 on the dismissal of the Third Defendant’s oral application for nursing care payments to be made through Amanah Raya Berhad; appeal against the decision in BA-12B-42-05/2023 on the issue of liability, counterclaim and award of costs; and appeal against the decision in BA-12B-43-06/2023 on the issue of quantum.

Practice Areas

Insurance

Judges (1)

Anita binti Harun Delivered

Parties (4)

AXA AFFIN GENERAL INSURANCE BERHAD Appellant Muneeswari a/p Raman Respondent Shathiswaran a/l Nadaraja Respondent Vikneswaran a/l Nadan Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12b-43-06-2023)