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2024 MarsdenLR 4746

HIGH COURT MALAYA TAIPING
KUNASEGARAN VADEVELLO – Appellant
Versus
THE PACIFIC INSURANCE BERHAD & OTHER APPEALS – Respondent


Petitioner Advocates:Shuroma Guha Thakurta ,Respondent Advocate: Ananth Shanmugam

JUDGMENT

Noor Ruwena Md Nurdin JC:

Introduction

[1] Originally there were 4 appeals which were heard together by this Court. On 22 September 2023 this Court affirmed the decision of the Sessions Court in Taiping delivered on 26 February 2021 that had dismissed the Appellant's claim against the Respondents with costs. Dissatisfied with this Court's decision, the Appellant then filed 2 Notices of Appeals on 13 October 2023 in respect of Appeal Nos. AB-12BNCVC-2-03/2021 and AB-12BNCVC-3- 03/2021 against THE PACIFIC INSURANCE BERHAD and BERJAYA SOMPO INSURANCE BERHAD, respectively. It has now come to my attention that the Plaintiff has been granted leave by the Court of Appeal on 10 January 2024 to file Notices of Appeal in respect of the other two cases against the other 2 insurers, namely AB-12BNCVC-4-03/2021 and AB- 12BNCVC-5-03/2021 against SYARIKAT TAKAFUL AM (MALAYSIA) BERHAD and ALLIANZ GENERAL INSURANCE COMPANY (MALAYSIA) BERHAD, respectively.

[2] For convenience, I have prepared this Grounds of Judgment to encompass Appeals No 2 and 3 then as they involved the same Plaintiff (Kunasegaran A/L Vadevello) but different insurance companies, in respect of the same subject-matter, which


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