Provisions in the Road Transport Act 1987 should be construed to protect all motorists, including victims of road accidents, Federal Court judge Abdul Rahman Sebli said. The intention of Parliament in enacting the Act was also to protect innocent third-party road users, he said in a 140-page judgement allowing appeals involving eight different motorists, of whom seven were injured in accidents.
The appeals came about as the insurance companies had obtained a declaration in the High Court to nullify the policies of motorists due to allegations of misconduct on the part of the vehicle owners, thereport said. This action had denied accident victims monetary compensation that had been due to them, prompting the appeals.
In a separate case, while the Sessions Court had found the driver of the vehicle negligent after a full trial, the insurance company took a court order alleging it had been defrauded, then declined to pay the vehicle owner. Rahman said that all vehicle owners were required to have compulsory insurance coverage, because the law states that the road transport department would not issue road tax without insurance coverage. In the event of an accident, a victim injured by a vehicle could sue the vehicle owner, but with valid insurance coverage, the insurer would step in and provide the necessary compensation in damages to the victim on behalf of motorists.
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