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HIGH COURT MALAYA PULAU PINANG
RAVENDRAN KALANGIAM – Appellant
Versus
ALLIANZ GENERAL INSURANCE COMPANY (M) BERHAD – Respondent
| Table of Content |
|---|
| 1. fraudulent reporting affects insurance liability. (Para 1 , 3 , 5 , 10 , 12) |
| 2. chronology of facts surrounding the accident. (Para 6 , 8 , 22) |
| 3. impeachment of declaratory orders requires fraud evidence. (Para 20 , 26 , 29) |
| 4. burden of proof lies with the one asserting fraud. (Para 36 , 54 , 65) |
| 5. claim dismissed due to insufficient evidence. (Para 63) |
Prelusion
[1] There was a motorcycle accident. The plaintiff (P) filed a suit against the rider and owner of the other motorcycle. The rider and owner of the other motorcycle were insured by the insurer (D).
[2] D (insurer), by the provision of s 96(3) of the Road Transport Act 1987 ( RTA ), applied for a s 96(3) declaratory order to declare that the contract (policy) of insurance between D and the rider and owner of the motorcycle was void and unenforceable. The Kuala Lumpur High Court granted the declaratory order.
[3] The effect of the s 96(3) Declaratory Order is that D (the insurer) does not have to pay the judgment sum, even if the rider and owner of the other motorcycle is found liable for tort against P.
[4] P now, after the event, filed this suit, in the Penang High Court, to impeach (cha
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