Court grants motorcyclist hurt by pothole RM721k in damages

 

A motorcyclist in Johor was granted RM721,000 for damages to his motorcycle and injuries sustained after his bike hit a pothole near Taman Kota Masai in Pasir Gudang three years ago.

Johor Bahru Sessions Court judge Sazlina Safie said plaintiff Razali @ Mohd Leey Subeh successfully proved his claims against Safwa Global Venture (M) Sdn Bhd, the firm appointed by the state government to maintain the road, according to the written judgment published on Saturday (April 27).

The court granted Razali RM352,947.33 for special damages and RM368,000 for general damages.

The company is appealing the judgment to the High Court. 

In his claim, Razali said he fell and sustained injuries after his motorcycle hit a pothole at Taman Kota Masai at about 10pm on Feb 11, 2021.

The 49-year-old sustained injuries to his wrist and elbow and had to undergo surgery to implant a piece of metal and screws into his elbow.

Razali would require further “replacement surgery” every 15 years at RM40,000 per surgery.

The court found that the lorry driver lost RM66,192 in actual earnings and RM245,462 in future earnings due to his wounds.

His motorcycle’s cover set, fork, front light, and handle were also damaged.

‘Company didn’t conduct repairs’

Sazlina said Razali proved the company was negligent because it did not conduct any repairs on the road between the day of the incident and Sept 29, 2022, when excavation works were carried out.

“The court found that the issue regarding the pothole at the scene had been proven and acknowledged by the defendant. 

“The company also presented conflicting statements in their defence when they initially claimed that they did not see any pothole on the road but later found a pothole caused by public utility works,” she said.

Sazlina said although the company claimed it was not responsible for the pothole, it did not initiate any third-party proceedings against any other party on the matter.

The plaintiff also withdrew the suit against the state government, leaving the company as the sole defendant.

The court also accepted Razali’s reasoning that he did not see the pothole due to insufficient lighting in the area.

“Therefore, I believe that the defendant has failed in their duty to maintain the road and they are liable to the plaintiff under Section 7(3) of the Government Proceedings Act (GPA).

“Although this case refers to the government and the GPA, it is a fundamental principle that the roads provided are safe to users,” the judge said. - Mkini