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2021 MarsdenLR 3413

JUDGMENT

Quay Chew Soon JC:

[1] This is an appeal against a judgment of the Magistrate Court which dismissed the Appellants' claim after a full trial. I dismissed the appeal. These are the grounds of my decision.

[2] The parties shall be referred to as they were in the Court below. Where the Appellants were the Plaintiffs and the Respondent was the Defendant ("D").

Background

[3] The Plaintiffs are the administrators of the estate of one Tay Guan Song ("Deceased") pursuant to the Grant of Letters of Administration dated 2 October 2018. The 1st Plaintiff ("P1") is the wife of the Deceased. The 2nd Plaintiff is the father of the Deceased.

[4] The Deceased passed away on 3 July 2018. He was found dead at Block B-19-01, Changkat View Condominium, Segambut, Kuala Lumpur ("Condominium").

[5] At the material time, the Deceased is the registered owner of motor vehicle No WXQ 8399 ("Car"). The Car was insured with D at an agreed value of RM85,000 under an insurance policy issued by D ("Policy").

[6] The Car purportedly went missing around June or July 2018. P1 lodged two police reports (collectively "Police Reports") on 22 August 2018 ("1st Police Report") and 1 September 2018 ("2nd Po


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