Azmi LP:

By a policy of motor insurance between them, the defendant company agreed to insure the plaintiff's motor car No PH 2793 valued at $12,000 against damage or loss, inter alia, by theft, for the period between 2 September 1967 and 1 September 1968. On 29 September 1967 the said motor car was stolen while it was parked by the plaintiff in Jalan Pantai, Butterworth. The plaintiff reported the loss the same day at the police station and duly notified the defendant company of the said loss, and claimed to be indemnified under the said policy but the defendant company failed to do so. The plaintiff then brought this suit against the defendant company for the value of the motor car.

The defendant company did not seriously dispute the theft but resisted the claim in para. 4 of its statement of defence on the ground that the plaintiff in his proposal form Exh. P1 had made a declaration false in several aspects, namely as follows:

(1)In answer to question No. 6(A) in the proposal form:

Have you ever made a claim under any motor vehicle policy?", the plaintiff answered in the negative.

(2)In answer to question 6(B):

Are you now or have been insured in respect of any othe