JIWANESWARY RAMAN vs ETIQA GENERAL TAKAFUL BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 186

COURT OF APPEAL PUTRAJAYA
JIWANESWARY RAMAN – Appellant
Versus
ETIQA GENERAL TAKAFUL BERHAD – Respondent

Petitioner Advocates:Manoharan Veerasamy,Rajan Ayyapan ,Respondent Advocate: Tom Chin,Amanina Farhana Salim

Table of Content
1. the appeal involves a challenge to the insurance respondent's right to intervene. (Para 1 , 2)
2. the court discussed the criteria for an intervenor's standing in the trial. (Para 5 , 6)
3. contentions regarding the insurance company's lack of locus standi were debated. (Para 8 , 9 , 10)
4. the statutory duty of insurers was underscored, highlighting their rights to intervene. (Para 18 , 19 , 21)

Nordin Hassan JCA:

[1] This is an appeal against the decision of the High Court in allowing the respondent, an insurance company, to intervene in a trial of a running down case, under O 15 r 6 of the Rules of 2012. The appellant instituted civil action at Sungai Petani Magistrate Court against the driver and the registered owner of the car bearing registration number PFH 3246. The car was insured by the respondent.

The Background Facts

[2] Briefly, the appellant/plaintiff filed a civil suit at Sungai Petani Magistrate Court against Prabu a/l Permaloo, the 1st defendant, and Thayalan a/l Permaloo, the 2nd defendant. In the statement of claim, it was the appellant's pleaded case that on 9 May 2019 at about 8.45 am, the appellant was riding a motorcycle registration number KEA 62

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2023 MarsdenLR 186

COURT OF APPEAL PUTRAJAYAJIWANESWARY RAMAN – AppellantVersusETIQA GENERAL TAKAFUL BERHAD – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
JIWANESWARY RAMAN – Appellant
Versus
ETIQA GENERAL TAKAFUL BERHAD – Respondent