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2018 MarsdenLR 252

HIGH COURT MALAYA KUALA LUMPUR
LIBERTY INSURANCE BERHAD – Appellant
Versus
MARRISON ANAK SIDAI & ANOR – Respondent


Petitioner Advocates:Rueben Netto,J S Naicker ,Respondent Advocate: Khairul Aiman

[1] This is the Plaintiff's application, by way of an originating summons, for a declaration pursuant to s 96(3) of the Road Transport Act 1987 ("the RTA ") that Policy No. PMMA-519518 which provided insurance coverage for motor vehicle no. WVY 3851 ("the Vehicle") for the period between 19 May 2016 (specifically from 2.51 pm) and 18 May 2017 ("the Policy") is void and unenforceable with respect to a road accident which occurred on 19 May 2016 (at around 12 noon) involving the Vehicle and motorcycle no. WWU 5936 claimed to be ridden by the Second Defendant ("the Accident").

[2] At the end of the hearing of the originating summons, I allowed the application. This judgment contains the full reasons for my decision, and reaffirms the established principle that coverage can only be effective upon payment of premium.

Key Background Facts

[3] The First Defendant is the registered owner of the Vehicle at the time of the issuance of the Policy by the Plaintiff. He still is. He is also the insured and policyholder.

[4] The Plaintiff was served with a notice pursuant to s 96(2) of the RTA in relation to the Accident, whereby the Second Defendant had now instituted a civil action in the Ses

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