PETALING JAYA: A sessions court in Butterworth, Penang, has ruled that the insurance policy taken out by the owner of a tipper lorry does not cover a driver injured in an incident at Kuantan Port 10 years ago, as it is not considered a “road accident”.
Judge Ooi Sheow Yean said the injuries sustained by S Mariadass were the result of an industrial accident.
“The roads within the port do not fall under the definition (of public roads) provided in Section 2 of the Road Transport Act 1987,” Ooi said, granting the Malaysian Motor Insurance Pool a declaration that the policy is unenforceable.
Mariadass was unloading bauxite at the port at about 4.30pm on July 4, 2015, when the tipper snapped, causing him to sustain spinal injuries.
In 2021, he filed a personal injury claim against his employer, HLB Logistics Constructions, and the registered lorry owner, Ghee Yeong Parts Sdn Bhd, which had purchased an insurance policy to cover third parties in the event of a road accident.
In 2022, he had obtained judgment in default against the employer, who did not appear in court to contest the suit.
During the trial, the insurance company argued that the policy was not enforceable, as Mariadass was not a third party, and the incident did not qualify as a road accident.
The insurance company said the accident had occurred within Kuantan Port, which was private property and inaccessible to the public unless authorised.
However, Ooi awarded Mariadass RM43,000 in damages, having found that he proved his case against HLB Logistics Constructions and Ghee Yeong Parts, who were jointly and severally liable.
Lawyers Imavathi Subramaniam and Dhanaraj K Naidu appeared for the insurance company, Sukhdave Singh represented HLB Logistics, while Ameleena Micheal Yasu acted for Mariadass.
