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

Judges (1)

Yusrin Faidz bin Yusoff Delivered

Parties (2)

GREAT EASTERN TAKAFUL BERHAD Appellant Abdul Rashid bin Akhbar Ali Respondent

Case Significance

GREAT EASTERN TAKAFUL BERHAD v ABDUL RASHID BIN AKHBAR ALI is a High Court (Mahkamah Tinggi) decision dated April 7, 2025 (citation: wa-12bm-1-10-2024). The case was decided by Yusrin Faidz bin Yusoff.

What was the outcome of GREAT EASTERN TAKAFUL BERHAD v ABDUL RASHID BIN AKHBAR ALI?

GREAT EASTERN TAKAFUL BERHAD v ABDUL RASHID BIN AKHBAR ALI is a High Court decision dated April 7, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

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