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2024 MarsdenLR 987

HIGH COURT MALAYA KUALA LUMPUR
TUNE INSURANCE MALAYSIA BHD – Appellant
Versus
CHAN SIANG KAI & ORS – Respondent


Petitioner Advocates:Raymond Sivasothey ,Respondent Advocate: Lim Qi Si,Sufiah Yusoff

JUDGMENT

Mohd Arief Emran Arifin J:

A. Introduction

[1] The 1st Defendant was the previous owner of the vehicle bearing number JHV 6384. He had obtained insurance coverage from the Plaintiff for the said vehicle for the period between 13 October 2018 and 12 October 2019.

[2] The said vehicle was sold by the 1st Defendant to the 3rd Defendant and had obtained an insurance from AmGeneral Insurance Berhad that is valid from 24 January 2019 to 23 January 2020. At the time of the accident, the said vehicle was registered in the name of the 3rd Defendant.

[3] It is not disputed that the said vehicle was involved in an accident involving the 2nd Defendant, being the driver of the said vehicle. This accident caused damage and losses to the 4th Defendant. This accident occurred on 14 April 2019 whilst the vehicle was registered in the name of the 3rd Defendant. The 1st Defendant was no longer the registered owner of the vehicle and was not involved in the said accident.

[4] The 4th Defendant started proceedings against the 2nd and 3rd Defendants in the Sessions Court at Johor Bahru with the suit bearing number JA-A53KJ-353-06-2020. The 1st Defendant was not named as a Defendant in the said suit.

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