JUDGMENT

Wong Kian Kheong JCA:

A. Background

[1] I shall refer to the parties as they were in the High Court .

[2] The third defendant (3rd Defendant) owned a car with the registration number KES 7337 (Car).

[3] At 6.58pm, 12 June 2020-

(1) the Car was driven by the 2nd Defendant;

(2) the 1st Defendant rode a motorcycle with the registration number KDW 7010 (Motorcycle); and

(3) the Car (driven by the 2nd Defendant) crashed into the Motorcycle (ridden by the 1st Defendant) (Incident). As a result of the Incident-

(a) the 1st Defendant suffered various injuries; and (b) the Motorcycle was damaged

(1st Defendant's Injuries/Loss).

[4] At 9.19pm, 12 June 2020, the 2nd Defendant had made a police report (Kuala Muda Traffic Report no 5349/20) which stated that the Incident took place at 6.58pm, 12 June 2020 (2nd Defendant's Police Report).

[5] The 1st Defendant made a police report on 26 June 2020 which stated that the Incident took place at about 6.58pm, 12 June 2020 (1st Defendant's Police Report).

[6] The plaintiff company (Plaintiff) is a "licensed takaful operator" as understood in s 2(1) of the Islamic Financial Services Act 2013 (IFSA).

[7] At 7.31 pm, 12 June 2020 (after the Incident), the 3r