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2015 MarsdenLR 1099

COURT OF APPEAL PUTRAJAYA
AHMAD NADZRIN ABD HALIM & ANOR – Appellant
Versus
ALLIANZ GENERAL INSURANCE COMPANY (M) BERHAD – Respondent


Petitioner Advocates:Ramani Krishnan ,Respondent Advocate: S Kanagasabapathi,R Davina

Lim Yee Lan JCA:

Introduction

[1] The appellants/interveners' appeal is against the decision of the Kuala Lumpur High Court made on 7 August 2014 in which the learned Judicial Commissioner (JC) had allowed a declaration sought by the respondent ("the insurer") vide an Originating Summons (OS) pursuant to s 96(3) of the Road Transport Act 1987 that the policy No: 12 MVL074908, effective from the period November 2012 to November 2013, issued in respect of a motor vehicle bearing registration No: WHH 4039 ("insured vehicle") registered in the name of one Imtinan Muhammad Sultan ("the insured") was void and unenforceable in so far as the road accident which occurred on 22 January 2013 which involved motorcycle No: WUT 8370 and the insured vehicle and that the respondent was not liable for any order relating to the plaintiff's suit.

Brief Facts

[2] The interveners were the plaintiffs in suit No: A53KJ-379-12-2013 filed at the Bangi Sessions Court in which the plaintiffs, rider and pillion rider of motorcycle WUT 8370, claimed damages for injuries sustained in a road accident involving the said motorcycle and the insured vehicle. The suit was against one Danial as the driver of the insured

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