Faizah Jamaludin J:

A. Introduction

[1] This is an appeal by Pacific & Orient Insurance Co Berhad ("the Appellant") against the decision of the learned Klang Session Court Judge ("SCJ") allowing the Plaintiffs' claim against the Defendants for a "hit and run" accident that took place at KM 59, Jalan Klang-Teluk Intan, Kuala Selangor on 2 September 2015, which allegedly involved motorcycle No BMB 5813 ridden by the 1st Plaintiff and his wife, Tan Kiok Sit (the deceased), and the motorcar No WLD 9999 owned by the 1st Defendant and insured by the Appellant, who was the 2nd Defendant in the action in the Sessions Court.

[2] The Plaintiffs had filed a claim against the Defendants for general damages for injuries suffered by the 1st Plaintiff as a result ofthe accident, damages for bereavement under s 7(3)(A) of the Civil Law Act 1956 for the 2nd-6th Plaintiffs as the husband and children of Tan Kiok Sit (deceased) and special damages.

[3] The Appellant, who was the insurer of the motorcar registration No WLD 9999 owned by the 1st Defendant, had intervened in the trial as it believed that there were elements of fraud in the Plaintiffs' claim against the 1st Defendant.

[4] The SCJ, a