DECISION

Ahmad Fairuz Zainol Abidin J:

Introduction

[1] Vide the Originating Summons ("the OS") documented in encl 1, the Plaintiff sought for a declaration pursuant to s 96(3) of the Road Transport Act 1987 ("the RTA ") that the Insurance Policy No K6542955 ("the Policy") issued by the Plaintiff for the coverage of motor vehicle BHM 5893 ('the Vehicle') for the period between 3 June 2016 until 2 June 2017 is void and unenforceable with respect to the accident on 25 April 2017 involving motor vehicle No NBE 1846 and the Vehicle driven by the 1st Defendant while carrying the 3rd Defendant as the passenger.

[2] Having heard from parties, this Court allowed the application. Dissatisfied, the 2nd and 3rd Defendants filed an appeal against the decision of this Court.

[3] The following are the reasons of this Court in allowing the application.

Background Facts

[4] This case arose out of an unfortunate accident on 25 April 2017 at Jalan Gemas - Rompin, Negeri Sembilan, involving the Vehicle. At the material time, the Vehicle was driven by the 1st Defendant wherein her children Dhaneshwar a/l P Krishnasamy (NRIC No: 031116-05-0221) (hereinafter referred to as "the 1st deceased"), Vharshiena a/