Wan Muhammad Amin Wan Yahya J:

[1] This was an application by the Plaintiff via Originating Summons for a declaration in respect of the enforceability of an insurance policy under s 96(3) of the Road Transport Act 1987 ("this Application").

[2] The 1st Defendant did not file any affidavit in respect of this Application, and neither did he appear in person or by way of legal representation. Hence, only the 2nd Defendant opposed this Application.

[3] After hearing the submissions from learned counsel for the Plaintiff and the 2nd Defendant and having considered the affidavit evidence presented by both parties, I found in favour of the Plaintiff. These are the grounds for my decision.

[A] Salient Background Facts

[4] The Plaintiff is the insurer for the motorcar bearing registration number AMC 3014, which is registered under the name of the 1st Defendant, pursuant to insurance policy number T0021317 ("Policy No T0021317").

[5] On 8 November 2022, at approximately 11:20 am, a road traffic accident occurred at Jalan Ampang involving motorcar No AMC 3014 driven by the 1st Defendant and motorcycle No VGH 5435 ridden by the 2nd Defendant.

[6] The 1st Defendant made a police report regar