The insurer says the device is unregistered, so it need not pay. The law replies: notwithstanding any written law, it must.
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He crippled his wife, then nursed her for years — now his insurer calls that kindness a reason not to pay.
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The victim won his judgment; the insurer’s answer was to sue him for asking to be paid. Appeal No. 6 of Sa’Amran ended the myth of the second lawsuit — and Chen Boon Kwee has since nailed the lid down.
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Two informal sales, a register three years out of date, and an insurer hoping that a 1992 agreement had quietly erased a 1985 letter. The Federal Court’s memory proved longer than the insurer’s.
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Should innocent accident victims be forced into costly legal battles twice—once against the driver and again, [by what has come to be known as a ‘Recover Action’] against the insurer? How did Malaysia’s Federal Court in the 2022 Sa' Amran decision demolish 70 years of established insurance practice? How did it revolutionise third-party victim compensation?
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For the first time in ninety years, we are asking the right questions in the right order. Under s.96(2)(a) RTA 1987, must an accident victim personally notify the insurer before suing — or does that duty lie elsewhere? Ten questions, and the answers a century of Commonwealth law has been quietly supplying.
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The number of motor vehicle accidents have increased alarmingly. Over almost a century, a set of laws evolved. They protect and – even compensate – road accident victims. In Malaysia, this set of laws are in the Road Transport Act 1987 and the Financial Services Act 2013.
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This is not a story of the Najib government's machinations. It is about an older system that exploits power. Can you see a recognisable pattern here?
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Suppose a hospital is negligent. The patient sues the hospital. The court awards compensation. Should the hospital dictate how and when the victim should spend the compensation money?
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There is a new trend in Malaysian vehicular accident cases. Recently, lawyers acting for insurance companies have fallen into the habit of asking courts to pay a victim’s compensation, not directly to the victim but to the Public Trustee (or ‘Amanah Raya Bhd’, or ‘ARB’ as it is called).
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