JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] Before the court is an application by an insurance company under s 96(3) of the Road Transport Act 1987 for declarations that a motor insurance policy is void and unenforceable in relation to a road accident and that the insurer bears no liability for claims arising from that accident. The core issue is whether the policy, which was purchased on the same day as the accident, had come into effect at the time the accident occurred, with the evidence suggesting the policy was issued at 3:49pm while the accident took place earlier that afternoon. Central to the court's determination are questions about when insurance coverage commences when both issuance and accident occur on the same day, whether the insurer waived its rights by not making specific inquiries before issuing the policy, and whether voiding the policy would undermine the protective purpose of the Road Transport Act 1987.

Background Facts

[2] On 23 December 2022, a road traffic accident occurred involving a motor car bearing registration number WXE 6746 and a motorcycle bearing registration number BQU 1570. The motor car was owned by the 1st Defendant, Mohd Khairul Irman bin Mohd Zin, and was being driven by the 2nd Defendant, Nurul Azera binti Ahmad, at the material time. The motorcycle was being ridden by the 3rd Defendant, Mohamad Afiq bin Ahmad.

[3] On the same day, 23 December 2022, the 1st Defendant obtained an insurance policy (Policy No. 85606544) from the Plaintiff, Etiqa General Takaful Berhad ("Etiqa") for the motor car WXE 6746. The Certificate of Takaful and Schedule indicated the period of coverage as being from 23 December 2022 to 22 December 2023. The policy was issued at 3:49pm on 23 December 2022.

[4] On 27 December 2022 at 12:52pm, the 3rd Defendant made a police report (Report No. Shah Alam/035235/22) stating that the accident had occurred on 23 December 2022 at approximately 3:45pm.