JUDGMENT

Augustine Paul JCA:

In this case the plaintiff (the appellant before us) brought an action against the defendant (the respondent before us) in the Sessions Court for the sum of RM122,000 with interest and costs arising from a personal accident insurance policy ( & the policy & ). The policy had been issued by the respondent to one Devia Nathan s/o Savarimuthu ( & the deceased & ) of whom the appellant is the legal representative. The policy guaranteed payment in the event of injury or death of the deceased arising from an accident except in cases where the exclusion clause applied. It was an agreed fact that the deceased died after attempting to put out a fire in his neighbour's house. The evidence showed that the cause of death was a heart attack suffered by the deceased. Upon a claim having been made under the policy by the beneficiary of the deceased the respondent repudiated the claim on the ground that the death was not caused by an accident.

The learned Sessions Court Judge was of the view that the exclusion clause did not apply in this case and thus allowed the appellant's claim. As he said in his judgment:

Di dalam kes ini, adalah fakta yang dipersetujui bahawa s