JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] The above two appeals (2 Appeals) are heard together and discuss the effect of s 96(1) and (3) of the Road Transport Act 1987 ( RTA ) [as interpreted by the recent Federal Court's judgment delivered by Abdul Rahman Sebli FCJ (as he then was) in AmGeneral Insurance Berhad v. Sa' Amran Atan & Ors And Other Appeals, [2022] 8 CLJ 175 (Sa'Amran)] on, among others, the following two suits:

(1) an action filed by a plaintiff (Claimant) for damages from a defendant (Insured) based on the Insured's negligence [Claimant's Suit (Insured's Liability)] regarding an incident involving a "motor vehicle" (defined in s 2 RTA ); and

(2) a suit instituted by an insurer of the Insured (Insurer) under s 96(3) RTA to invalidate the insurance policy (Policy) issued by the Insurer to the Insured [Insurer's Suit (Policy Invalidation)].

B. Background

[2] For ease of reference, we shall refer to parties as they were in the Sessions Court.

[3] The 2nd plaintiff (2nd Plaintiff) is the registered owner of a motorcycle bearing the registration No PER 6664 (Motorcycle).

[4] At about 2.20 am, 3 September 2014:

(1) the 1st plaintiff (1st Plaintiff) was riding the Motorcy