JUDGMENT

Wan Muhammad Amin Wan Yahya J:

[1] The Plaintiffs in both the above suits (Originating Summons No WA-24NCC-837-08/2022 ("Suit 837") and Originating Summons No WA- 24NCC-917-09/2022 ("Suit 917") (collectively referred to as "the Suits") had applied for a declaration in respect of the enforceability of two insurance policies under s 96(3) of the Road Transport Act 1987 ("RTA").

[2] Both Suits share the following commonalities:

i) They involve the same accident and similar parties but are in respect of different insurance policies;

ii) The Plaintiffs are represented by the same solicitors, the 1st Defendant (in Suit 837) and 3rd Defendant (in Suit 917) are represented by the same solicitors and the 2nd Defendant (in Suit 837) and the 1st and 2nd Defendants (in Suit 917) are represented by the same solicitors; and

iii) The primarily issue in both Suits is whether the accident occurred on a "road" (or "public road") as defined by the RTA as required under the respective policies for the insurance coverage to apply.