A three-member bench chaired by Has Zanah Mehat said the applicant, Chen Boon Kwee, must file a recovery action against Berjaya Sompo Insurance Bhd.

The decision would mean that injured passengers cannot automatically enforce judgments against insurance companies unless they succeed in recovery suits against the firms.

Today’s decision affirmed a High Court decision last year.

Chen was the passenger in his wife’s car, driven by his colleague Masri Tamin, on a journey from Kuala Lumpur to Desaru, Johor, on a work related assignment in June 2015.

Chen suffered injuries after an accident with a lorry on the Pagoh-Yong Peng highway. He filed a suit for negligence against his wife (Tan Saw Kheng) as the car owner and Masri. He also sued the lorry driver and its owner.

A sessions court awarded him about RM200,000 in damages in November 2019 and found Masri solely responsible for the accident.

The judgment was upheld by the High Court.

However, Berjaya Sompo, as the insurer of Tan’s car, filed a separate action last year for a ruling that Chen must file a recovery suit to enforce the judgment sum.

The High Court allowed Berjaya Sompo’s application , leading Chen to file an appeal.

JS Naicker represented the insurance firm while counsel Chong Zheng Hao appeared for Chen.