JUDGMENT

Mohamed Dzaiddin FCJ:

This is an appeal from the judgment of Dato' KC Vohrah J given on 16 December 1993 dismissing an appeal against the decision of the Sessions Court, Alor Setar dismissing the plaintiff's claim of RM50,000 for permanent disability suffered by him under a personal accident policy of insurance (the said policy) issued to him by the defendant, East West UMI Insurance Bhd.

The facts of the case were these. The plaintiff took a policy of insurance from the defendant on 20 May 1986 insuring himself against personal injury or death for the period of 14 May 1986 to 14 May 1987. During the currency of the said policy, ie, on 23 January 1987, while cutting coconut, he accidentally chopped his left thumb. Under the said policy he was entitled to be paid compensation in the sum of RM50,000 for permanent disablement. He gave notice of the accident and submitted his claim which the defendant company refused to pay him on two grounds, the relevant ground in this appeal being that he was in breach of condition 4 of the said policy when he failed to inform the defendant that during the currency of the said policy, another policy had been issued to him by Royal Insuranc