Man Awarded Over RM700K Over Pothole Related Injury

The Johor Bahru Sessions Court ordered that a road maintenance contractor must pay RM721,000 in damages to a man who was injured three years ago when his motorcycle struck a pothole on a poorly maintained road in Pasir Gudang.

The compensation is for injuries and losses caused by the accident near Taman Kota Masai. Judge Sazlina Safie issued the ruling after determining that the plaintiff, Mohd Leey Subeh, had adequately supported his claim against Safwa Global Venture (M) Sdn Bhd, hired by the state government to maintain the road.

The incident occurred on February 11, 2021, while Razali was heading from Taman Cendana to Taman Kota Masai about 10PM. He fell and injured himself after hitting a pothole. Razali then launched a case against the maintenance firm and the state government as primary and secondary defendants, citing his injuries and damages.

Razali abandoned his action against the secondary defendant (the state government) on May 16, 2022, but the primary defendant made no third-party claims. Judge Sazlina highlighted that the firm failed to submit a written or oral defence, despite multiple delays.

According to Sazlina, the plaintiff successfully showed on a balance of probability that the company was entirely culpable in the accident. It was also proved with witness that from the incident date until the excavation on September 29, 2022, the pothole remained unrepaired.

The court noted that the pothole issue had been demonstrated and accepted by the defendant. Initially, the corporation denied noticing any potholes, but then admitted to finding one caused by public utility work.

The company claimed that it was not their obligation because the pothole belonged to a utility provider and should have been repaired by a subcontractor or another party. They did not, however, initiate legal action against any third parties engaged in the matter.

The court also deemed it reasonable that the victim did not see the pothole due to low visibility and insufficient lighting in the region at the time. As a result, it was determined that the defendant had failed to discharge their duties to maintain the road, making them liable to the plaintiff under Section 7(3) of the Government Proceedings Act 1956.

The plaintiff was granted RM352,947.33 in special damages as well as RM368,000 in general damages. However, following the verdict, Safwa Global Venture said that it will appeal to the High Court.

Soruce: Berita Harian