Abdul Aziz Rahim J:

[1] Encl. 13 - Plaintiff's application for summary judgment to be entered against the defendant.

[2] Encl. 22 - Defendant's application for stay of proceedings.

Brief Facts Of The Case

[3] On 29 September 2004 at about 2pm, the plaintiff, Wong Uong Kee, who was a pedestrian, was knocked down by a Toyota Hilux Double Cab Vehicle bearing the registration number QKN9978 at along Jambatan Tatau. The driver of the vehicle was one Ting Huong Nging, an agent servant and permitted driver of Jensun Contruction Sdn. Bhd. (The registered owner of the vehicle). It was alleged that the defendant's insured driver was negligent. The vehicle was insured by the defendant, RHB Insurance Berhad.

[4] As a result of the accident, the plaintiff sustained serious injuries, head injuries, loss and damage, which resulted in consequent permanent physical and psychological disabilities. The plaintiff sued herein by his mother and next friend, Lim Chew Kek @ Lim Ching Ling.

[5] The plaintiff commenced action in the Sessions Court against (1) Ting Huong Nging - the driver of the vehicle and (2) Jensun Construction Sdn Bhd - the registered owners of the vehicle. The learned Sessions Court judge delivered its ruling based on 100% liability and damages was awarded to the plaintiff, as well as the costs of the action to be taxed.

[6] The claim of the plaintiff in the present action arises out of the Sessions Court Case - Bintulu Sessions Court Summons No. 53-18-2007 (BTU) (hereinafter referred to as 'the said action') that had been concluded with damages assessed and costs taxed. The present action is for recovery proceedings of the judgment sums awarded to the plaintiff in the said action and for which the defendant insurers herein are liable to pay all judgment sums and costs pursuant to their statutory obligations under s. 96(2) of the Road Transport Act 1987.

Enclosure 13

[7] Encl. 13 is the plaintiff's summons in chambers dated 24 October 2008 for an application for the following judgments to be entered against the defendant:

[8] The total judgment in the sums of RM2,110,648.69 awarded in Bintulu Sessions Court Summons No. 53-18-2007 (BTU) which comprised the awards of special damages, general damages, pre-trial costs of care and supervision by the mother and post trial costs of care and supervision in an institution inclusive of interests calculated up to 30 September 2008 as per paras. 16(1-2) and 23(1-2) of the statement of claim:

1. Taxed costs of RM111,957.41 awarded in the Bintulu Sessions Court Summons No. 53-18-2007 (BTU) as per paras. 16(3), 20 and 23(3) of the statement of claim; RM107,053.49 with interest at the rate of 8% per annum from 5 March 2008 (date of judgment) to 30 September 2008 comes to RM4,903.92 plus RM107,053.49 = RM111,957.41;

2. Alternatively, the sums of RM2,110,648.69 and RM111,957.41 or such sums as this court finds due and or owing;

3. Interest on the said judgment sum of RM2,110,648.69 at the rate of 8% per annum from 1 October 2008 till full and final settlement;

4. Interests on the said taxed cost of RM107,053.49 at the rate of 8% per annum from 1 October 2008 till full and final settlement;

5. Alternatively any such interest on judgment sums and allocatur or taxed costs awarded in Bintulu Sessions Court Summons No. 53-18-2007 (BTU);

6. Costs of this application and present action;

7. Any such further or other relief as this court deems fit and proper.

[9] The grounds for the application are:

1. The proceedings herein are recovery proceedings against the defendant insurers pursuant to statutory notice/s duly given and their obligation to pay under s. 96(2) of the Road Transport Act 1987 all judgment sums interest and costs awarded in Bintulu Sessions Court Summons No. 53-18-2007 (BTU) (hereinafter referred to as 'the said action');

2. Cause papers of the said action with the hearing dates were duly served on (a) Ting Huong Nging - the driver and (b) Jensun Construction Sdn Bhd - the company;