Abu Talib Bin Baba v Tokio Marine Insurans (M) Berhad
Catchwords
Insurance – Motor insurance – Construction of policy – Policy provided that the insurer would indemnify the owner of the lorry and any authorized driver against third-party risks. Policy exempted insurer from liability if death or bodily injury caused to any person employed by the insured arising out of and in the course of his employment. The lorry owner’s employee, travelling in an insured vehicle driven by an authorized driver died due to the driver’s negligence Representative of the deceased’s estate sued both the lorry owner and the authorized driver in respect of damages. Whether the insurer’s argument that it was exempt from liability because the deceased was an employee was only valid via-à-vis its contract with the lorry owner, but not its contract with the authorized driver, who was not the employer.
Practice Areas
Insurance Policy exempted insurer from liability if death or bodily injury caused to any person employed by the insured arising out of and in the course of his employment. The lorry owner’s employee, travelling in an insured vehicle driven by an authorized driver died due to the driver’s negligence Representative of the deceased’s estate sued both the lorry owner and the authorized driver in respect of damages. Whether the insurer’s argument that it was exempt from liability because the deceased was an employee was only valid via-à-vis its contract with the lorry owner, but not its contract with the authorized driver, who was not the employer.
Judges (1)
Case Significance
Abu Talib Bin Baba v Tokio Marine Insurans (M) Berhad is a High Court (Mahkamah Tinggi) decision dated December 11, 2025 (citation: jb-12bncvc-12-06-2025). The case was decided by Kalyana Kumar Sockalingam.
Key issues: Insurance – Motor insurance – Construction of policy – Policy provided that the insurer would indemnify the owner of the lorry and any authorized driver against third-party risks..
What was the outcome of Abu Talib Bin Baba v Tokio Marine Insurans (M) Berhad?
Abu Talib Bin Baba v Tokio Marine Insurans (M) Berhad is a High Court decision dated December 11, 2025. The case was heard by Kalyana Kumar Sockalingam. See the full judgment for details.