Haidar Mohd Noor JCA:

[1] Chan Yoke Lain, as administrator of the estate of Chong Yoke Fah, deceased, (appellant), filed an action against Pacific & Orient Insurance Co Sdn Bhd (respondent) for a sum of RM440,000 under the personal accident policy ('PA policy') issued by the respondent company to the deceased. In addition thereto, there is a claim for RM508 for costs of Letters of Administration and other disbursements and costs of the proceedings.

[2] The learned judge, after a full hearing, dismissed the action with costs. Hence this appeal before us.

Brief Facts

[3] The appellant was the wife of the deceased at the material time though she has since remarried.

[4] The respondent company issued two insurance policies at the material time prior to the deceased's death, namely:

(a) a comprehensive motor insurance policy for the deceased's Honda motor car No WCN 9012.

(b) a PA policy for RM440,000 in the event of death.

[5] Upon the deceased's death on 27 November 1992 as a result of a motor accident whilst driving his motor car No WCN 9012, the estate was paid RM15,957 on the motor insurance policy by the respondent company.

[6] In respect of the claim on the PA policy for RM440,000