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Cases

MALAYSIAN MOTOR INSURANCE POOL v. TIRUMENIYAR SINGARA VELOO
Federal Court, Putrajaya
Ahmad Maarop CJM, Zainun Ali, Ramly Ali, Azahar Mohamed, Alizatul Khair Osman Khairuddin FCJJ
[Civil Appeal No: 02(F)-121-10-2017(W)]
15 October 2019
[2019] 6 MLRA 99

JUDGMENT

Alizatul Khair Osman Khairuddin FCJ:

Introduction

[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as Justice Zainun Ali and Justice Ramly Hj Ali have since retired. This is the unanimous decision of the remaining judges of the panel.

[2] For ease of reference, we shall refer to parties as they were referred to in the High Court. This is an appeal by the insurer Malaysian Motor Insurance Pool, the plaintiff in the suit below pursuant to leave granted by this court on 6 October 2017.

[3] The sole question allowed by this court is as follows:

"Where a contract of insurance reproduces or substantially incorporates the exclusion of liability provided for under clauses (aa), (bb) and (cc) of the proviso to s 91(1), RTA, are those exclusions to be interpreted as applying equally to authorized drivers without the need for express exclusion of such liability."

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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