Court orders MPKJ to compensate motorist for pothole damage

A motorist reportedly won a compensation and repairs claim in court against the Kajang municipal council (MPKJ) after his car was damaged due to a pothole.

Siding with Fahrurrazi Hamid, the court has ordered MPKJ to settle his claim worth RM2,980. This reportedly covered the cost to repair the damages sustained in his car after hitting a pothole, which consists of four rims, one tyre, wheel camber repair and adjustment, as well as vehicle towing charges.

According to Fahrurrazi Hamid, the damages were incurred when he drove at night on Jalan Sungai Long near the Budiman Business Park back in September 2020. During said drive, his car hit a pothole and sustained damage in the rear left tyre and rim.

After reportedly being unable to locate an identical design replacement rim, Fahrurrazi said he had to replace all four rims plus two tyres, which cost RM3,580 in total. After which, he filed for a claim with said local council but only received an offer for RM1,430 from their insurer – Takaful Malaysia Berhad.

Fahrurrazi had put in a request for a revised amount after said initial offer, but was turned down. This then prompted him to lodge a claim at the Tribunal for Consumer Claims but was later informed that the tribunal has no jurisdiction over the matter.

He then filed a small claim in the Kajang magistrates’ court, which then led to a trial that only took place on July 15 this year. Representing himself, Fahrurrazi explained to the court why he had to replace all four rims, which were both second-and (used) and cost RM450 each.

(Image source: CarSifu.my)

MPKJ, represented by assistant legal officer Muhidin Mahmud, claimed to have taken the necessary action at maintaining all roads under its purview and denied liability. The council even countered by alleging that Fahrurrazi’s reckless driving was the cause of the incident in lieu of the damages sustained,  further adding that the claim to replace all four wheels was unjust.

Despite this, Magistrate Noor Firdaus Rosli ultimately sided with Fahrurrazi after finding that MPKJ was fully liable for the damages caused to said motorist’s car. “Looking at the photos produced by the plaintiff, there was indeed a hole,” said the Magistrate before adding that it was clear that the road was not properly maintained.

Furthermore, Citing the SAE Technical Paper titled “The effects of wheel design on the aerodynamic drag of passenger vehicles” published three years ago, Magiatrate Noor Firdaus said, “25% of vehicles aerodynamic drag is caused by its wheels, and to suggest one to have multiple design rims on a vehicle would only attract unexpected (adverse) consequences, apart from the fact that it is unheard of, at least being done by any reasonable man.”

Whilst cases of potholes as what Fahrurrazi faced aren’t uncommon in Malaysia, getting compensation for which is a tedious and time-consuming affair. Fortunately, more councils are inviting the public to report any potholes they come across via several channels – including social media – for quicker action.

Intend to take legal action against the authorities for damages to your vehicle due to potholes or damages roads? Ensure that you fulfil the necessary criteria and be prepared to invest in the time needed.