Gunn Chit Tuan SCJ:

R. Kathirvelu (hereinafter referred to as "the plaintiff") was a Superscale Technical Assistant in the Jabatan Kerja Raya in the State of Johore. Since 1977 he had been taking out a personal accident policy on a yearly basis with Pacific & Orient Insurance Co. Sdn. Bhd. (hereinafter referred to as "the defendant"). On 17 June 1983, the plaintiff was issued a renewal of the personal accident policy for the period 19 June 1983 to 18 June 1984, which provided `inter alia' for the payment to the plaintiff of a sum of RM200,000 on the terms and conditions contained in the said policy. In the said policy, it is provided that:

if during the period of insurance the insured shall sustain any bodily injury caused by violent external and visible means which injury shall solely and independently of any other cause result in his death or disablement the company will pay to the insured or to his legal personal representatives the sum or sums of money in accordance with the Table of benefits set forth in the Schedule.

The said policy was issued pursuant to a proposal form signed by the plaintiff on 14 June 1983, and is similar to one shown on pp. 134 and 135 of the ap