JUDGMENT

Abdul Malek Ahmad JCA:

The poser in this appeal is whether a woman, who is the respondent before us, travelling as a passenger in a motor car belonging to her husband, who is the insured in the relevant policy covering the said motor car which is being driven by her son, who is the authorised driver under that policy, can claim damages from the insurance company, the appellant here, in Johor Bahru Sessions Court Civil Action 52-804-91(3) (hereinafter "the second suit") for a road accident that occurred on the morning of 4 June 1988 while being driven to work at a market stall at the Central Market, Jalan Ah Fook, Johor Bahru run by Tharmarajoo a/l Chinna Kolanthai (hereinafter "Tharmarajoo") after judgment had been entered against her husband and son in Johor Bahru Sessions Court Civil Action 53-218-1989(1) (hereinafter "the first suit") on 21 November 1991.

In the first suit, interlocutory judgment had been entered against the husband and son on 14 March 1991 and the final judgment in default was entered on 21 November 1991 for general damages in the sum of RM47,000, loss of pretrial earnings amounting to RM12,000, RM8,400 for pretrial costs of hiring a maid and another