Pothole case a wake-up call for councils, says veteran activist

 

A recent court case shows that local councils cannot evade their responsibility to fix potholes, says Lee Lam Thye.

PETALING JAYA: A recent award of compensation for a motorist who ran into a pothole is a wake-up call to local authorities and the public, says veteran social activist Lee Lam Thye.

The ruling should serve as a reminder to all local authorities that they are responsible for the safety of their community and is also an eye-opener for the public about their rights.

“We don’t have a maintenance culture at all. When there are potholes in roads, the local authority is responsible for ensuring that the potholes are fixed. They cannot evade their responsibility,” he said.

Lee Lam Thye.

“This is also a wake up call to the public. Not many people are aware of their rights. If motorists get into accidents because of a problem not addressed by the authorities, they have the right to sue the authorities.”

The motorist, Fahrurrazi Hamid, sued Kajang municipal council for damage to his car after driving into a pothole in Bandar Sungai Long in September 2020.

He was only offered RM1,430 in compensation for the cost of one tyre and one rim. After finding that the consumer claims tribunal had no jurisdiction, he sued the municipal council.

The Kajang magistrates’ court ordered the council to settle Fahrurrazi’s claim for RM2,980, comprising RM1,800 for four rims, RM800 for one tyre, towing charges of RM200 and RM180 for adjustment charges.

The statute of limitation for suits in such cases is six years from the day of the accident. - FMT