Wan Suleiman FJ

(delivered by Lee Hun Hoe C.J. (Borneo)): The appellant, according to his statement of claim, was travelling as an attendant in a truck bearing registration No. KC 6007 which was in collision with another truck belonging to the United Malaysia Co. Ltd. driven by one Lee Nyong Kong, No. KA 343. In Civil Suit No. K.124 of 1976, judgment was entered in his favour against both the United Malaysia Co. Ltd., and Lee Nyong Kong.

For reasons best known to appellant, probably inability to pay on the part of the two aforementioned, he then filed this suit against the respondent company, alleging that by a policy of insurance issued by respondents to a Messrs. Wee & Wee Realty Sdn. Bhd., the respondents had agreed to indemnify any person driving on the insured's order or with their permission against any liability incurred by that person in respect of any loss or expense caused by or arising out of the use on a road of truck KA 343, and that Lee Nyong Kong was driving on the orders and/or with the permission of Messrs. Wee & Wee Realty Sdn. Bhd. at the time of the collision.

The respondents in their defence contended, inter alia, that since no judgment was entered against the