Insurers must not use litigation to wear down accident victims, court rules

Kuala Kubu Bharu Sessions Court magistrate Saifullah Bhatti has ruled that insurance companies cannot exploit court proceedings to delay compensation payments or pressure road accident victims into accepting lower settlements. The court must prevent the abuse of judicial processes, especially when defendants have no valid defense to claims made against them.

Saifullah emphasized that drawn-out litigation could burden victims financially, making it unfeasible to pursue legitimate compensation claims. He highlighted that insurance firms, with their significant financial and legal resources, could take advantage of ordinary claimants in such situations.

In the case, 3S Teguh Transport Sdn Bhd and its driver, Daniel Savarimuthu, were ordered to pay RM43,605.10 in damages and RM11,000 in legal costs to businessman Kathirrevan Suppiah. The court determined the defendants to be fully responsible for an accident that caused a lorry to overturn on the North-South Expressway. The legal costs were higher due to the defendants' prolonged proceedings without substantial evidence to challenge the claim, which the court found was intended to delay payment or pressure the plaintiff into accepting a reduced settlement.