JUDGMENT

Quay Chew Soon J:

Introduction

[1] The Plaintiff ("P") is an insurance company that issued a third-party motor vehicle insurance cover for motor lorry Registration No KG 4897 ("lorry").

[2] Via this Originating Summons dated 9 January 2025, P seeks the following declarations:

(a) that the insurance policy No HQM 429129/22 — 02 ("third party motor vehicle indemnity policy") issued by P in the name of Koay Kuan Liong ("deceased") to cover the lorry is void and unenforceable;

(b) that P is not liable to make any payment under the third party motor vehicle indemnity policy in relation to the road accident that occurred on 22 February 2023 ("road accident"), involving the lorry driven by the 2nd Defendant and motorcycle registration number KDD 690 ("motorcycle") ridden by the 3rd Defendant ("D3");

(c) that P is not liable under s 96(1) of the Road Transport Act 1987 ("RTA 1987") to pay up on any judgment which may be obtained by D3 against the 1st and 2nd Defendants in any action that may be filed in connection with the road accident; and

(d) that P is not the insurer concerned for the lorry at the time of the road accident.

[3] D3 was injured and became paralysed waist down as a result