Ong J:

This is a suit by the administrator of the estate of one Khoo Teng Oon, deceased, who died in a road accident while driving his motor-car along Treacher Road, Kuala Lumpur, on the night of 24 June 1956. The defendant is the Insurance Company with whom the car was insured, and the claim was firstly for the value of the motor-car which was a total wreck, and secondly, upon an endorsement to the Policy pertaining to what is called "Increased Private Car Benefits," whereby the Insurers undertook to pay compensation to the Insured or his personal representative for bodily injury sustained by the Insured whilst using his said motor-car. The agreed value of the motor-car was $4,550 and the amount of compensation payable upon the death of the Insured was $10,000. There is no dispute as to the quantum, in the event of judgment being given for the plaintiff.

(a) The Company shall not be liable to make any payment in respect of loss or damage arisin