JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] This judgment discusses the conflicting High Court decisions regarding the interpretation of s 96(2)(a) of the Road Transport Act 1987 ( RTA ). The construction of s 96(2)(a) has a direct impact on the scope of an insurer's liability under s 96(1) to pay a judgment sum obtained by a claimant in a suit against a person insured by the insurer based on the insured's tort of negligence which had caused loss and/or damage to the claimant in an incident involving a "motor vehicle" (as defined in s 2 ).

B. Background

[2] We shall refer to parties as they were in the High Court.

[3] On 28 June 2014, the 1st Defendant was riding a motorcycle (registration No PCW 6859) when the 1st Defendant met with an accident (Accident) involving a car (Registration No PLM 1767) driven by Encik Mohd Sakri bin Muhamad (Insured).

[4] As a result of the Accident, the 1st Defendant suffered severe injuries and permanent disabilities. The 1st Defendant has registered himself with the Social Welfare Department as a "Disabled Person".

[5] The plaintiff company (Plaintiff) is the insurer of the Insured.

[6] In accordance with s 96(2)(a) RTA , the 1st Defendant's sol