ZURICH GENERAL INSURANCE MALAYSIA BERHAD v 1. ) NG KOK SOON 2. ) MUHAMMAD HELMY HUSNIZAM SYAH BIN BAHARZAM SHAH 3. ) SMART CARRIER CENTRE SDN BHD
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1. Claims arising from motor-vehicle accidents commonly involve injured parties seeking compensation under insurance policies maintained by the owners of the vehicles or tortfeasors. The present matter is no exception. What distinguishes this case, however, is that the insurer itself has initiated proceedings, seeking a declaration that the First Defendant’s personal-injury claim in the Sessions Court falls outside the scope of the relevant third-party insurance policy. 2. Accordingly, it falls to this Court to interpret and apply the relevant provisions of the Road Transport Act 1987 to the factual circumstances before it. The Overriding Issue 3. The resolution of this Originating Summons turns on a deceptively simple question: was the First Defendant a “passenger” within the meaning of the Road Transport Act 1987? While seemingly straightforward, the question requires careful analysis. 4. At its core, the issue concerns the proper construction of the statutory framework governing compulsory third-party insurance, particularly the scope of coverage under the Road Transport Act 1987, and whether, the exclusion provision and/or the further exception thereto applies to the present case.
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