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2016 MarsdenLR 451

HIGH COURT MALAYA KUALA LUMPUR
TAN LIONG SIN – Appellant
Versus
ETIQA INSURANCE BERHAD – Respondent


Lau Bee Lan J:

[1] The Appellant/Plaintiff ('the Appellant') has appealed against the decision of the learned Sessions Court Judge ('the SCJ') given on 6 February 2015 dismissing the Appellant's claim with costs as per scale after a full trial.

[2] The brief background facts in this appeal are these: The Appellant purchased an insurance policy for his car Nissan GT-R35(A) bearing registration no. WWM 39 ('the said car') from the Respondent/ Defendant ('the Respondent') with Policy no: CGPC-PB574551- BRTCBBK for the period from 18 November 2011 till 28 March 2013 for the sum of RM5000,000.00 (pp 46-54 Record of Appeal ('ROA')).

2.1 The Appellant claimed that on 30 December 2012 while he was driving the said car along Jalan Tropicana Selatan, the said car was robbed (Appellant's Statement of Claim, pp 11-13 ROA, Appellant's Police Report, p 57 ROA).

2.2 The Appellant claimed that the loss of the said car has been classified as a case of robbery under s.395/397 of the Penal Code solely on the basis of a letter dated 2 October 2013 issued by the police, and the police has yet to track the said car and has not made any arrest following the incident (p 62 ROA).

2.3 The Appellant has informed

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