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.

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

Case Significance

AXA AFFIN GENERAL INSURANCE BERHAD v 1. ) VIKNESWARAN A/L NADAN 2. ) Shathisw... is a High Court (Mahkamah Tinggi) decision dated November 26, 2025 (citation: ba-12b-43-06-2023). The case was decided by Anita binti Harun.

What was the outcome of AXA AFFIN GENERAL INSURANCE BERHAD v 1. ) VIKNESWARAN A/L NADAN 2. ) Shathisw...?

AXA AFFIN GENERAL INSURANCE BERHAD v 1. ) VIKNESWARAN A/L NADAN 2. ) Shathisw... is a High Court decision dated November 26, 2025. The case was heard by Anita binti Harun. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

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