HIGH COURT MALAYA KUALA LUMPUR
MOTOR INSURERS BUREAU OF SINGAPORE – Appellant
Versus
AMGENERAL INSURANCE BHD – Respondent
Introduction
[1] AmGeneral Insurance Bhd, the defendant, has filed this originating summons to set aside the registration of the judgment of the High Court of Singapore dated 23 February 2018 in suit no HC/S 647/2016 ('Suit 647') which is in favour of the plaintiff.
[2] The defendant's application to set aside the said judgment is pursuant to s 5 of the Reciprocal Enforcement of Judgments Act 1958 ('REJA 1958').
The Salient Facts
[3] The relevant facts in this application are the following:
(i) Liew Voon Fah ('Liew') was the owner of a motorcycle registered in Malaysia with registration No JGT 6125.
(ii) The insurance policy for the said motorcycle was provided by the defendant under policy no JVA0647209 which was for the period of 27 November 207 to 26 November 2008.
(iii) The said motor policy included mandatory coverage for third party liability but excluded liability for third party claims from pillion riders travelling on the motorcycle. This is provided in condition 5(c) of the exception of section B of the said policy which is as follows:
We will NOT pay for:
(c)... death or bodily injury to any person being carried in or upon or entering or getting on or alighting
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