Potholes have long been a persistent issue in Malaysia, with frequent reports detailing how they cause damage to motorists.
Recently, the Johor Baru Sessions Court awarded a Malaysian man RM721,000 in compensation following a motorcycle accident that occurred three years ago due to a pothole near Taman Kota Masai.
M’sian receives compensation for pothole accident
Reported by the New Straits Times, a 49-year-old man received RM721,000 for damages and injuries caused by a pothole, including RM352,947.33 for special damages and RM368,000 for general damages.
The incident occurred on 11 February 2021, as Razali was traveling from Taman Cendana to Taman Kota Masai at approximately 10pm. His motorcycle hit a pothole on the road surface, leading to a fall and subsequent injuries.
In response, Razali filed a lawsuit against both the company and the state government as the first and second respondents, seeking compensation for the damages incurred.
On 16 May 2022, Razali withdrew the lawsuit against the second respondent (state government). However, the first defendant failed to introduce any third party into the litigation.
Despite numerous adjournments, the company did not present any written or oral arguments.
Judge Sazlina Safie delivered the ruling, affirming Razali@Mohd Leey Subeh’s claim against Safwa Global Venture (M) Sdn Bhd, the company entrusted by the state government for road maintenance.
In her judgement, Judge Sazlina ruled in favour of Razali, citing his successful demonstration of the case on the balance of probabilities and attributing complete negligence to the company for the accident.
The court noted that from the date of the incident until the excavation works on 29 September 2022, the pothole remained unrepaired at the scene, as corroborated by all witnesses.
Furthermore, inconsistencies emerged in the company’s defence, initially denying the existence of the pothole but later attributing it to public utility works.
Although the company contended that the pothole fell beyond their responsibility and should have been maintained by a subcontractor or another party, they failed to pursue third-party proceedings against any relevant entities.
Moreover, the court deemed it reasonable that Razali failed to detect the pothole due to limited visibility and inadequate lighting in the residential area.
Consequently, the court held the company liable to Razali under Section 7(3) of the Government Proceedings Act (GPA), stressing the fundamental principle of ensuring road safety for users.
Razali was awarded RM352,947.33 for special damages and RM368,000 for general damages. The company has lodged an appeal against the judgement with the High Court.
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