JUDGMENT

Vazeer Alam Mydin Meera FCJ:

Introduction

[1] This appeal centres on the following main issues, namely:

(i) whether in the circumstances of this case, s 91(1)(b)(bb) of the Road Transport Act 1987 ("RTA") operated to exclude the respondent's statutory liability under s 96(1) RTA, such that it did not have to pay the appellant the benefit of a judgment he had obtained against the policy-holder at the Sessions Court;

(ii) whether s 96(1) RTA permits the beneficiary of a judgment against an insured person to directly enforce the same against an insurer, in this case the respondent, without the need for a further judgment directly against the insurer/respondent by way of a recovery action; and

(iii) whether s 96(3) of the RTA provides the sole recourse to an insurer who intends to challenge its liability under s 96(1) of the RTA; and if answered in the affirmative; whether an insurer who has failed to obtain a declaration that an insurance policy was void and/or unenforceable under s 96(3) of the RTA before liability was incurred, is barred from seeking any other relief to challenge or delay the insurer's liability under s 96(1) of the RTA.