KUALA LUMPUR: A 49-year-old man who suffered injuries when his motorcycle hit a pothole three years ago was today awarded RM721,000 by the Johor Baru Sessions Court.
Judge Sazlina Safie found that Razali@Mohd Leey Subeh had proven his claim against Safwa Global Venture (M) Sdn Bhd, the company appointed by the state government to maintain the road.
Razali was travelling from Taman Cendana to Taman Kota Masai in Johor Baru about 10pm on Feb 11, 2021, when he ran into a pothole and fell on the road.
He filed a lawsuit against both the company and the state government for the injuries he suffered in the incident.
On May 16, 2022, he withdrew the suit against the state government.
The judge said the company had failed to file written or oral arguments despite multiple adjournments.
Sazlina, in her judgment, said the plaintiff managed to prove his case against the company on the balance of probabilities.
"The court can conclude that from the date of the incident (Feb 11, 2021) until the excavation on Sept 29, 2022, the pothole remained without any repair, as acknowledged by all witnesses."
She said the existence of the pothole had been proven and acknowledged by the defendant.
The company presented conflicting statements in its defence: it initially claimed that it did not see any pothole on the road, but later found one that was caused by public utility works, Sazlina said in the grounds of judgment published on the judicial website.
The court said the company argued that the pothole was not its responsibility, as it was caused by the utility company and should have been repaired by a subcontractor or another party."
Despite this claim, the company failed to initiate any third-party proceedings against any contractor or relevant party in this suit.
"The court also found that it was reasonable that Razali failed to notice the pothole because of limited visibility and insufficient lighting in the residential area.
"Therefore, I believe that the defendant has failed in its duty to maintain the road, and is liable to the plaintiff under Section 7(3) of the Government Proceedings Act."
The court awarded RM352,947.33 in special damages and RM368,000 in general damages to Razali.
The company is appealing to the High Court against the decision.