Local councils responsible for maintaining trees along federal route, rules court

 

The Court of Appeal held that the Seremban city council was liable for negligence due to its failure to carry out tree maintenance work at the site, which led to an accident in 2018. (Facebook pic)

PUTRAJAYA: 

The Court of Appeal has unanimously ruled that the Seremban city council is responsible for maintaining trees next to federal roads within its jurisdiction.

A three-member bench chaired by Justice Ahmad Zaidi Ibrahim stated that local authorities were responsible for tree maintenance as stipulated under Section 101 of the Local Government Act, 1976.

In his broad grounds, Zaidi held that the council was liable for negligence due to its failure to carry out tree maintenance work at the site, which led to an accident in 2018.

The Court of Appeal also upheld the RM216,949 in damages awarded to motorcyclist Iqmal Izzuddeen Rosthy for injuries sustained, medical expenses and medical costs to be paid by the council.

The ruling is expected to have nationwide implications for local authorities.

Zaidi, who sat with Justices Nazlan Ghazali and Zaini Mazlan, dismissed the public works department’s (JKR) appeal against Selia Selenggara Sdn Bhd, which was appointed to maintain federal roads in the southern region.

The court found that based on the concession agreement, the company was not responsible for maintaining trees next to federal roads.

However, the bench allowed JKR’s appeal against the council, overturning a High Court decision delivered two years ago.

The case originated from a May 1, 2018, incident when Iqmal, then 18, stopped at a traffic light near the Rasah toll on the North-South Expressway.

A nearby tree uprooted and fell on him, causing serious injuries, including multiple fractures to his arms, ribs and jaw.

Iqmal sued the council, JKR, and Selia Selenggara for negligence. The sessions court held JKR and Selia Selenggara liable while dismissing the case against the council.

However, the High Court later allowed Selia Selenggara’s appeal, ruling that the company was not responsible for tree maintenance under its concession agreement, thereby absolving it of liability.

The High Court upheld JKR’s duty of care and dismissed its appeal. As a result, JKR took the case to the Court of Appeal, arguing that either the council or Selia Selenggara should be held liable.

In arriving at today’s decision, the Court of Appeal ordered the council to pay RM30,000 in costs to Iqmal.

However, the bench also ordered Iqmal to pay RM30,000 each to JKR and Selia Selenggara.

Senior federal counsel Amalina Zainal Mokhtar and federal counsel Shafiq Sazali represented JKR while counsel Jaqdesh Singh Johal appeared for Selia Selenggara.

Aisha Jothilingam represented the Seremban city council and S Vimalarani acted for Iqmal. - FMT