The Magistrate’s Court in Kuantan has ruled that a tractor owner cannot seek compensation for the theft of his vehicle under his insurance policy as he had carelessly left the tractor unattended beside the road.
In dismissing the lawsuit brought by businessman Mohd Shah Rizal Mahmud, 37, against RHB Insurance Berhad, Magistrate Nor Izzati Zakaria cited the insurance policy’s provision that theft resulting from the owner’s negligence is not covered.
Mohd Shah Rizal had sought RM85,000 from the insurance company after his tractor vanished during a two-day period of neglect on the roadside in Taman Pertanian Jubli Perak Sultan Haji Ahmad Shah, following a breakdown.
In her ruling on March 13, Nor Izzati determined that the plaintiff’s act of leaving the vehicle unattended for two days constituted negligence on his part.
She deemed this action as an invitation to risk, which ultimately led to the vehicle’s theft. The plaintiff’s failure to attend to the tractor directly resulted in its theft, which eluded police investigation.
“The court concurs with the defendant’s assertion that the plaintiff carelessly abandoned the vehicle for any reason, thereby binding himself to the insurance policy’s terms and conditions,” stated Nor Izzati.
“In light of this, the court finds the plaintiff unable to substantiate his claim against the defendant, and thus dismisses the claim with costs of RM1,500 payable to the defendant.”
Mohd Shah Rizal had obtained insurance coverage for the vehicle from the defendant against road accidents and theft for the period from Jan 5, 2021, to Jan 4, 2022.
On Nov 24, 2021, Mohd Shah Rizal left the vehicle parked by the roadside due to damage and discovered its theft upon returning on Nov 26. A police report was filed on the same day.
Subsequently, the plaintiff filed a claim for the vehicle’s loss due to theft, which was rejected by the defendant citing insufficient evidence.
