JUDGMENT

Haidar Mohd Noor JCA:

Chan Yoke Lain, as administrator of the estate of Chong Yoke Fah, deceased, (appellant), filed an action against Pacific & Orient Insurance Co. Sdn. Bhd. (respondent) for a sum of RM440,000 under the personal accident policy ('PA policy') issued by the respondent company to the deceased. In addition thereto, there is a claim for RM508 for costs of Letters of Administration and other disbursements and costs of the proceedings.

The learned judge, after a full hearing, dismissed the action with costs. Hence this appeal before us.

Brief Facts

The appellant was the wife of the deceased at the material time though she has since remarried.

The respondent company issued two insurance policies at the material time prior to the deceased's death, namely:

(a) a comprehensive motor insurance policy for the deceased's Honda motor car no. WCN 9012.

(b) a PA policy for RM440,000 in the event of death.

Upon the deceased's death on 27 November 1992 as a result of a motor accident whilst driving his motor car no. WCN 9012, the estate was paid RM15,957 on the motor insurance policy by the respondent company.

In respect of the claim on the PA policy for RM440,000,