[Cyclist injured in road accident gave notice reserving his rights under section 9 of the Motor Vehicle Insurance (Third Party Risks) Act Cap 90 to the insurer of the registered owner (who had sold the insured motor car before the accident). The Cyclist intends to seek judgment against the registered owner and/or the unauthorised driver. He has not obtained judgment on either liability or quantum and has no claim against the insurer until he does. It is not known whether he will have a claim against the insurers or whether he will pursue it. Insurers application
for a declaration that it is not liable to the cyclist struck out by Registrar under O.15 r.16 as disclosing no reasonable cause of action and an abuse of process. Upheld by judge. Insurers appeal dismissed by Court of Appeal with costs on an Indemnity basis. ]

National Insurance Co Bhd v Qazi Mohammad Salman

COACV/12/2006

Decision date: 21 May 2007