[1] On 28 November 2018, the High Court granted the respondent's application made pursuant to s 96(3) of the Road Transport Act 1987 , for inter alia a declaration that Insurance Policy No: 213-08116-004654 [said Policy] is void and unenforceable. The respondent was further granted several other declaratory reliefs exonerating it from liability for the accident on 28 October 2016 involving Motor-Van No: BEM 6573 and Motorcycle No: BKB 6097. The appellant was one of the persons involved in that accident.

[2] Upon appeal, we unanimously allowed the appeal and set aside the decision of the High Court.

Salient Facts

[3] These are the details of the accident and the insurance policy in issue. On 28 October 2016, Jayandran a/l Mathan [Jayandran], a minor, was riding pillion on Motorcycle No: BKB 6097. That motorcycle was involved in a collision with Motor-Van: BEM 6573 driven by the 1st defendant and owned by one Selvamani a/l Athimoolam (deceased) [Selvamani]. Jayandran was injured in that accident.

[4] His mother, Balamoney a/p Asoriah decided to sue on his behalf. As required under s 96(3) of the Road Transport Act 1987 [Act 333], she served a Notice on the insurer prior to the filing