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2019 MarsdenLR 3139
HIGH COURT MALAYA KUALA LUMPUR
MSIG INSURANCE (MALAYSIA) BERHAD – Appellant
Versus
MD AZNOL HAFIZ AMIR & ORS – Respondent
[Originating Summons No: WA-24NCC-429-08-2018]
An insurer is liable under a policy if the passenger was traveling in pursuance of their employment contract, even if the employer is not directly insured.
Headnote:This judgment concerns the liability of an insurer for the death of a passenger in a motor lorry. The plaintiff insurer argued that the deceased, traveling as a passenger, was not covered under the insurance policy, as outlined in Section 6(c). The court found the deceased was under instructions from his employer, which contributed to a duty of care during his transportation, falling within the scope of the policy. The court held that the insurer must provide coverage as the deceased was traveling in pursuance of his employment contract, leading to the dismissal of the insurer's application.
| Table of Content |
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| 1. insurance liability concerning the death of a passenger. (Para 1 , 2) |
[1] In this case, the insurer of a motor lorry is seeking to avoid liability for the death of a passenger who was travelling in the insured motor lorry when it met with an accident. It is contended that based on the policy wordings of the policy of insurance, the deceased passenger did not fall within the ambit of passenger cover as per s 6(c) of part B of the policy.
[2] On 19 August 2016 at about 1.50am, motor lorry No WSV 3890 was involved in an accident with motor lorry No BJK 1042 at KM 31.1 KESAS Highway ("the accident"). The 1st defendant ("D1") was the driver of motor lorry WSV 3890. The 2nd defendant ("D2") is the registered owner of the said motor lorry. The plaintiff is the insurer of motor lorry WSV 3890. At all material times, one Encik Abdul Mirashaerizeam Bin Abdul Razak ("deceased") (who was also a lorry driver) was travelling in the motor lorry WSV 3890 but as a "passenger". The deceased sustained serious injuries in the accident. He subsequently died as a result of injuries sustained in the accident. His dependants filed a claim against the drivers and owners of motor lorry WSV 3890 and motor lorry BJK 1042, respectively for loss of dependency, funeral expenses, bereavement and special damages.
