Man wins case against local council over damage caused by pothole
Fahrurrazi Hamid said he was driving at night on Jalan Sungai Long near Budiman Business Park in September 2020 when his car hit the pothole.
PETALING JAYA: A man has won a compensation claim against a local council after his car was damaged due to a pothole.
Fahrurrazi Hamid took the Kajang municipal council (MPKj) to court to seek compensation for two tyres and four tyre rims, among other things.
He won his case, with the court ordering MPKj to settle his claim for RM2,980, which comprised the cost of four rims (RM1,800), one tyre (RM800), adjust chamber (RM180), and towing charges (RM200).
While Fahrurrazi was driving at night on Jalan Sungai Long near Budiman Business Park in September 2020, the car hit a pothole and it damaged the car’s rear left tyre and rim.
The next day, after failing to search for a rim with an identical design, he had to replace all four rims and two tyres at a total cost of RM3,580.
He filed for a claim from MPKj and had received an offer of only RM1,430 from Takaful Malaysia Berhad, the local council’s insurer, as compensation for the cost of one tyre and one rim.
After a request for a revised amount was turned down, he lodged a claim at the Tribunal for Consumer Claims but was informed that the tribunal has no jurisdiction over the matter.
He then filed for a small claim in the Kajang magistrates’ court and the trial took place on July 15 this year.
Representing himself in court, Fahrurrazi explained why he had to replace all four rims, costing him RM450 each for second-hand ones.
He said he couldn’t find a rim with a similar design to replace the damaged one and that the second-hand rims were also cheaper than purchasing four new rims, which would have cost RM2,750, or RM687.50 each.
MPKj, represented by assistant legal officer Muhidin Mahmud, stated that it had taken the necessary action to maintain all roads under its purview and denied liability.
He claimed that Fahrurrazi’s reckless driving was the cause of the incident, as evident from the damaged rim and tyre.
Muhidin also stated that the claim for the replacement of all four rims was unjust enrichment since there was only one rim damaged.
Magistrate Noor Firdaus Rosli decided that MPKj was fully liable for the damage caused to Fahrurrazi’s car.
“Looking at the photos produced by the plaintiff, there was indeed a hole,” he said, adding that it was clear that the road was not properly maintained.
“As to whether the plaintiff contributed to the damage, my finding is negative. The incident took place at night, and any reasonable man could not be expected to notice and sway their vehicle to avoid the hole,” Noor Firdaus said.
On the argument brought by MPKj that there was an unjust enrichment to replace all four rims, the magistrate said it would be preposterous that a car could be fixed with rims of numerous designs.
Citing the SAE Technical Paper titled “The effects of wheel design on the aerodynamic drag of passenger vehicles” published three years ago, 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.”
On the other hand, the magistrate disallowed the claim for the additional tyre as it had not been justified.
Fahrurrazi’s suit against Takaful Malaysia was also dismissed as it was determined that there’s no legal relationship between him and the company.
PETALING JAYA: A man has won a compensation claim against a local council after his car was damaged due to a pothole.
Fahrurrazi Hamid took the Kajang municipal council (MPKj) to court to seek compensation for two tyres and four tyre rims, among other things.
He won his case, with the court ordering MPKj to settle his claim for RM2,980, which comprised the cost of four rims (RM1,800), one tyre (RM800), adjust chamber (RM180), and towing charges (RM200).
While Fahrurrazi was driving at night on Jalan Sungai Long near Budiman Business Park in September 2020, the car hit a pothole and it damaged the car’s rear left tyre and rim.
The next day, after failing to search for a rim with an identical design, he had to replace all four rims and two tyres at a total cost of RM3,580.
He filed for a claim from MPKj and had received an offer of only RM1,430 from Takaful Malaysia Berhad, the local council’s insurer, as compensation for the cost of one tyre and one rim.
After a request for a revised amount was turned down, he lodged a claim at the Tribunal for Consumer Claims but was informed that the tribunal has no jurisdiction over the matter.
He then filed for a small claim in the Kajang magistrates’ court and the trial took place on July 15 this year.
Representing himself in court, Fahrurrazi explained why he had to replace all four rims, costing him RM450 each for second-hand ones.
He said he couldn’t find a rim with a similar design to replace the damaged one and that the second-hand rims were also cheaper than purchasing four new rims, which would have cost RM2,750, or RM687.50 each.
MPKj, represented by assistant legal officer Muhidin Mahmud, stated that it had taken the necessary action to maintain all roads under its purview and denied liability.
He claimed that Fahrurrazi’s reckless driving was the cause of the incident, as evident from the damaged rim and tyre.
Muhidin also stated that the claim for the replacement of all four rims was unjust enrichment since there was only one rim damaged.
Magistrate Noor Firdaus Rosli decided that MPKj was fully liable for the damage caused to Fahrurrazi’s car.
“Looking at the photos produced by the plaintiff, there was indeed a hole,” he said, adding that it was clear that the road was not properly maintained.
“As to whether the plaintiff contributed to the damage, my finding is negative. The incident took place at night, and any reasonable man could not be expected to notice and sway their vehicle to avoid the hole,” Noor Firdaus said.
On the argument brought by MPKj that there was an unjust enrichment to replace all four rims, the magistrate said it would be preposterous that a car could be fixed with rims of numerous designs.
Citing the SAE Technical Paper titled “The effects of wheel design on the aerodynamic drag of passenger vehicles” published three years ago, 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.”
On the other hand, the magistrate disallowed the claim for the additional tyre as it had not been justified.
Fahrurrazi’s suit against Takaful Malaysia was also dismissed as it was determined that there’s no legal relationship between him and the company.
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