Mohd. Azmi SCJ:

This appeal demonstrates the legal and practical difficulties that may be encountered by a victim of a road accident where even with reasonable diligence he could not during the period of limitation ascertain the identity of the insurance company which insures the driver of the vehicle involved under third party policy for the purpose of complying with the seven-days' notice, required to be served on the insurer under s. 80(2)(a) of the Road Traffic Ordinance 1958 (RTO) (now s. 96 of the Road Transport Act 1987) for the purpose of enforcing any judgment obtained against the negligent driver.

Section 80(1) and (2)(a) of the Road Traffic Ordinance 1958 states:

(1) If, after a certificate of insurance has been delivered under subsection (4) of s. 75 of this Ordinance to the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under para. (b) of subsection (1) of s. 75 of this Ordinance (being a liability covered by the terms of the policy) is given against any person insured by the policy, then notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or can