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2010 MarsdenLR 1434

HIGH COURT SABAH & SARAWAK KUCHING
KIMILE DANGEA – Appellant
Versus
MSIG INSURANCE (MALAYSIA) BERHAD – Respondent


Table of Content
1. facts of the case detailing collision and injury. (Para 1 , 2)
2. legal basis for intervention as co-defendant. (Para 3 , 4)
3. contingent liability of insurers under s 96 rta. (Para 5 , 6)
4. insurers may intervene based on suspicion of fraud. (Para 7 , 8 , 9)
Ravinthran Paramaguru JC:

[1]This is an appeal against the decision of the Sessions Court Judge to add the insurance company as a co-defendant. The application to intervene and be added as a co-defendant was made by the insurance company. The plaintiff objected to the application. In this judgment, I shall refer to the plaintiff as the appellant and the insurance company who is the 2nd defendant as the respondent.

Brief facts

[2] The claim of the appellant is based on an alleged collision that occurred between a car and a van on 7th March, 2005. The appellant was a passenger in the car. The 1st defendant was the driver of the van. The appellant suffered serious injuries. The respondent who is the insurer of the van applied to the Sessions Court to intervene in the Suit as a co-defendant. The grounds of intervention can be stated as follows. Under s 96 of the Road Transport Act 1987 ( RTA ), the respondent would b

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