JUDGMENT

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an appeal against the decision of the Learned Magistrate in Muar given on 9 April 2019 whereby the Learned Magistrate dismissed the Claims of the Appellant / Plaintiff with cost of RM1,000.00.

[2] The Appellant filed a Writ of Summons seeking for the following reliefs which are:

i. A Declaration that the insurance policy amounting to RM80,000.00 taken by the Deceased Lee William for the beneficiary (Plaintiff) is valid and enforceable under the law.

ii. The Defendant is to pay the Plaintiff the insurance claim of RM80,000.00.

iii. The Defendant is to pay the Plaintiff interest of 5% per annum to be calculated on the insurance claim commencing from the 2 March 2017 until full and final settlement.

iv. Cost in this action.

[3] After a full trial, the Learned Magistrate found that the Defendant succeeded in proving, on balance of probabilities, that prior to the signing of insurance policy, the Deceased knew of his hypertension conditions but failed to declare it in the application form of the insurance policy and hence the policy is rendered null and void. The Learned Magistrate held that the Plaintiff failed to prove his cas