[1] One Tholan a/l Iyasamy ("deceased") died on 29 August 1999. He was 62 years old. At the time of his death, three separate personal accident policies had been issued by the defendant to the deceased. The plaintiff claims that he was the nominee of the said insurance policies. He made a claim with the defendant. This claim was rejected. Hence this suit.

[2] Several reasons were given by the defendant for the repudiation of the claim which reasons have now become the issues to be resolved in this action. The reasons or issues are as follows:

1. Whether the plaintiff was the nominee for all three policies;

2. Whether there was a material non disclosure by the deceased; and

3. Whether the death of the deceased was due to an accident, which was a risk covered under the said policies, or if it was due to an illness for which the claim will then become non-payable.

Whether The Plaintiff Was The Nominees For All The Policies

[3] It was not disputed that three policies were issued to the deceased as follows:

1. No. P738782551 ("Policy 1")

2. No. P738782564 ("Policy 2")

3. No. P738782522 ("Policy 3")

[4] The total sum insured under these policies was RM430,000. A notable