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2020 MarsdenLR 1711

HIGH COURT MALAYA KUALA LUMPUR
MSIG INSURANCE (MALAYSIA) BERHAD – Appellant
Versus
NURUL IDAYU ABD WAHAB & ORS – Respondent


Petitioner Advocates:Samreet Singh Sagoo ,Respondent Advocate: Nini Shirma Rahmat

JUDGMENT

Wong Chee Lin J:

[1] By way of this Originating Summons, the Plaintiff insurer seeks the following relief:

a) that leave be granted to the Plaintiff for filing of this Originating Summons;

b) that abridgment of time be granted, if necessary, for the Plaintiff to file this Originating Summons;

c) a declaration that the Plaintiff shall not be held responsible for the compliance of any judgment obtained by the 3rd defendant in the Sessions Court at Kota Bharu Civil Suit No: DA-A53KJ-522-08/2019;

d) a declaration that the Private Vehicle Insurance Policy No KB-87366163-MPT that covers motorcar bearing registration No BDH 2726 has lapsed and/or is null and/or void and/or is unenforceable;

e) a declaration that the Plaintiff is allowed to avoid any liability under the Private Vehicle Insurance Policy No KB-87366163-MPT that covers motorcar bearing registration No BDH 2726 for the period of 5 April 2018 until 4 April 2019;

f) a declaration that the Plaintiff shall not be held responsible by law, under the Private Vehicle Insurance Policy No KB-87366163-MPT that covers motorcar bearing registration No BDH 2726, to the 1st defendant and/or 2nd defendant and that the policy is unenforceable


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