After the landmark decision in the Federal Court on 15/10/2019 MMIP V. Tirumeriyar, finally settled the law on claims by passengers in the course of employment. It is now settled that all employees travelling in the course of employment, including a "klindan" can now claim against the authorized driver.
In the recent landmark, Federal Court case of Amgeneral Insurance v. Sa Amran & Ors (2022) 8 CLJ 175, our lawyers also appeared in Pacific & Orient Co Bhd v. Arnandan Soria Demadu (02(f) - 30-07-2020(k)), which was one of the appeals that was heard together.
The Federal Court dismissed the Insurers appeal, and gave judgement in favour of our clients., and in the process established the legal principle that notice must be given to the Plaintiff before commencement of any Declaration proceedings under S. 96(3) Road Transport Act 1987, and that a recovery summons againstan Insurer is not required, after a Judgment had been entered on the Defendant, in a tortious suit.