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1982 MarsdenLR 370

SYEDIL BARAKBAH
SAW POH WAH – Appellant
Versus
OOI KEAN HANG – Respondent


Advocates:
Baldev for the plaintiff.
A Jayadeva for the defendants.
Khoo Eng Chin for the third party.
Solicitors: Triptipal Singh & Co; A Jayadeva; Sangara & Co.

Syed Agil Barakbah J

The Plaintiff's claims against the defendants are for damages for personal injuries and consequential losses suffered by him due to the negligence of the first defendant as the servant or agent of the second defendant in driving motorlorry No. KA 4100 along Sg. Tiang/Pendang Road, Kedah on January 12, 1976. According to the Statement of Agreed Facts the plaintiff was at all material times employed by the second defendant, the registered owner of the vehicle, as an attendant. The first defendant was employed by the same as a driver. The said motorlorry had a "C" Carrier Licence Serial No. 179685 and was insured with Third Party Risks under Commercial Vehicle Policy No. GP 2/342952 issued by the Asia Insurance Company. The defendants have filed a claim against the said insurance company as Third Party for whatever damages and costs which the defendants may be called upon to pay to the plaintiff. By consent the plaintiff has obtained judgement against the defendants for the sum of $65,000/- in damages together with interest and costs to be taxed. The only issue as agreed is whether the insurer has to indemnify the first and second defendants on the judgement enter

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