GREAT EASTERN TAKAFUL BERHAD v ABDUL RASHID BIN AKHBAR ALI

wa-12bm-1-10-2024 High Court (Mahkamah Tinggi) 7 April 2025 • WA-12BM-1-10/2024

Catchwords

Civil Procedure – Appeal – Facts, finding of – Appellate intervention – Insurance – Mortgage Reducing Term Takaful (‘MRTT’) policy – Claim for total and permanent disability (TPD) – Whether the learned SCJ erred in finding that insurer (D1) had waived its right to reject the plaintiff’s claim on the ground of prematurity – Whether the learned SCJ erred in ordering the TPD sum to be paid directly to the plaintiff as ‘Person Covered’ instead of the financier (D2) as ‘Participant’ – Whether the learned SCJ misapplied the reducing balance as per the schedule of the MRTT Plan and thereby granting wrong compensation amount – Whether the plaintiff meets the definition of TPD under the MRTT Plan – Whether plaintiff’s injury fell within purview of TPD – Whether residual ability to perform similar work defeats a claim for TPD – Whether the learned SCJ misapplied Great Eastern Life Assurance (M) Bhd v Prakasa Rao a/l Samachulu [2019] 6 MLJ 350 – Courts of Judicature Act 1964, S.68(1)(a) – Rules of Court 2012, O.55 rr.2, 3, & 4.

Practice Areas

Civil Procedure Insurance

Judges (1)

Yusrin Faidz bin Yusoff Delivered

Parties (2)

GREAT EASTERN TAKAFUL BERHAD Appellant Abdul Rashid bin Akhbar Ali Respondent

Judgment

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Read on eJudgment

Source: eJudgment (wa-12bm-1-10-2024)