AMGENERAL INSURANCE BERHAD v 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad 3. ) Nakiuddin Bin Ahmad

02f-75-10-2019w Federal Court (Mahkamah Persekutuan) 4 August 2022 • 02(f)-75-10/2019(W)

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.

Judges (3)

Abdul Rahman bin Sebli Delivered Hasnah binti Dato' Mohammed Hashim Coram Rhodzariah binti Bujang Coram

Parties (4)

AMGENERAL INSURANCE BERHAD Appellant Fazlina binti Mihad Respondent Nakiuddin bin Ahmad Respondent Sa'amran a/l Atan Respondent

Case Significance

AMGENERAL INSURANCE BERHAD v 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad ... is a Federal Court (Mahkamah Persekutuan) decision dated August 4, 2022 (citation: 02f-75-10-2019w). 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 AMGENERAL INSURANCE BERHAD v 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad ...?

AMGENERAL INSURANCE BERHAD v 1. ) Sa'amran A/l Atan 2. ) Fazlina Binti Mihad ... is a Federal Court decision dated August 4, 2022. The case was heard by Abdul Rahman bin Sebli. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-75-10-2019w)