JUDGMENT

Introduction

Badariah Sahamid JCA:

[1] This is an appeal against the High Court's decision dated 27 October 2017 where the learned Judge had allowed the applicant's ('Etiqa Takaful Bhd') application for a declaration that the contract of insurance through Certificate No TGPC-PC 195025 ('the said policy') which covers a motorcar bearing Registration No QAU 1314 for the period of 30 July 2012 to 29 July 2013 was void and unenforceable in respect of coverage of an accident which allegedly occurred on 2 September 2012 between a motorcar bearing Registration No QAU 1314 and a motorcycle bearing Registration No QAR 2278.

[2] The learned Judge further granted a declaration that the applicant is not responsible to comply with any orders following the civil action in the Sessions Court of Kota Samarahan Suit No KSN A53KJ-26-2-2016 and/or any other claims which arise from the road accident which allegedly occurred on 2 September 2012 between a motorcar bearing Registration No QAU 1314 and a motorcycle bearing Registration No QAR 2278.

[3] After the learned Judge had granted the abovementioned declarations against the 1st respondent ('Ambrose anak Jewon) on 30 August 2017, learned counsel