MALAYSIA NATIONAL INSURANCE SDN BHD V ABDUL 
Page 1
Malayan Law Journal Reports/1979/Volume 2/MALAYSIA NATIONAL INSURANCE SDN BHD v ABDUL
AZIZ BIN MOHAMED DAUD - [1979] 2 MLJ 29 - 9 December 1978
4 pages
[1979] 2 MLJ 29
MALAYSIA NATIONAL INSURANCE SDN BHD v ABDUL AZIZ BIN MOHAMED DAUD
FC KUALA LUMPUR
RAJA AZLAN SHAH, WAN SULEIMAN & SYED OTHMAN FJJ
FEDERAL COURT CIVIL APPEAL NO 78 OF 1976
13 November 1978, 9 December 1978
Road Traffic -- Insurance -- Person driving with expired driving licence -- Whether covered by insurance policy -- Construction of contract -- Public policy -- Road Traffic Ordinance, 1958, ss 29 and 33
Contract -- Insurance -- Person driving with expired driving licence -- Whether covered by insurance policy -Construction of contract -- Public Policy
Insurance -- Person driving with expired driving licence -- Whether covered by insurance policy -Construction of contract
The respondent was driving his father's car when it was involved in an accident. The policy of insurance covering the car stated that the company shall not be liable whilst the motor car was being driven by any person other than an authorised driver. The respondent and his father were named as the authorised drivers subject to the following proviso "Provided that the person driving is permitted in accordance with the licensing or other laws and regulations to drive the motor vehicle or has been so permitted, and is not disqualified by order of a court of law or by reason of any enactment or regulation in that behalf from driving the motor vehicle." At the time of the accident the respondent had an expired driving licence but he had not been disqualified by any court for holding or obtaining a driving licence. The question arose whether the insurance policy was in force on the date of the accident. The appellants denied liability and relied on the exemption clause. The respondent argued that he was covered by the second limb of the proviso. He issued a writ to obtain a declaratory order and in the High Court Harun J. made an
Malayan Law Journal Reports/1979/Volume 2/MALAYSIA NATIONAL INSURANCE SDN BHD v ABDUL
AZIZ BIN MOHAMED DAUD - [1979] 2 MLJ 29 - 9 December 1978
4 pages
[1979] 2 MLJ 29
MALAYSIA NATIONAL INSURANCE SDN BHD v ABDUL AZIZ BIN MOHAMED DAUD
FC KUALA LUMPUR
RAJA AZLAN SHAH, WAN SULEIMAN & SYED OTHMAN FJJ
FEDERAL COURT CIVIL APPEAL NO 78 OF 1976
13 November 1978, 9 December 1978
Road Traffic -- Insurance -- Person driving with expired driving licence -- Whether covered by insurance policy -- Construction of contract -- Public policy -- Road Traffic Ordinance, 1958, ss 29 and 33
Contract -- Insurance -- Person driving with expired driving licence -- Whether covered by insurance policy -Construction of contract -- Public Policy
Insurance -- Person driving with expired driving licence -- Whether covered by insurance policy -Construction of contract
The respondent was driving his father's car when it was involved in an accident. The policy of insurance covering the car stated that the company shall not be liable whilst the motor car was being driven by any person other than an authorised driver. The respondent and his father were named as the authorised drivers subject to the following proviso "Provided that the person driving is permitted in accordance with the licensing or other laws and regulations to drive the motor vehicle or has been so permitted, and is not disqualified by order of a court of law or by reason of any enactment or regulation in that behalf from driving the motor vehicle." At the time of the accident the respondent had an expired driving licence but he had not been disqualified by any court for holding or obtaining a driving licence. The question arose whether the insurance policy was in force on the date of the accident. The appellants denied liability and relied on the exemption clause. The respondent argued that he was covered by the second limb of the proviso. He issued a writ to obtain a declaratory order and in the High Court Harun J. made an