After his car was damaged due to a pothole, a man has won a compensation claim against the Kajang municipal council (MPKj). According to a report by FMT, the court ordered MPKj to settle Fahrurrazi Hamid’s claim for RM2,980, which included the cost of four wheels (RM1,800), one tyre (RM800), camber adjustment (RM180) and towing charges (RM200).
In September 2020, Fahrurrazi was driving at night on Jalan Sungai Long near Budiman Business Park when his car hit a pothole that damaged the rear left wheel and tyre. The following day, he attempted but failed to find a wheel with an identical design, resulting in him having to replace all four wheels and two tyres at a cost of RM3,580.
He would then file for a claim from MPKj, although the local council’s insurer, Takaful Malaysia, only offered RM1,430 as compensation for the cost of one tyre and wheel. Fahrurrazi’s request for a revised amount was turned down, prompting him to lodge a claim at the Tribual for Consumer Claims.
However, he was informed that the tribunal had no jurisdiction over the matter, so he filed for a small claim in the Kajang magistrates’ court, with the trial taking place on July 15 this year. Fahrurrazi represented himself in court and explained that he couldn’t find a wheel with a similar design to the replace the damaged one. He added that buying a set of second-hand wheels, which were RM450 apiece, would be cheaper than purchasing a brand-new set that costs RM2,750, or RM687.50 each.
Meanwhile, assistant legal officer Muhidin Mahmud, who represented MPKj, stated that the local council 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, and added that the claim for the replacement of all four wheels was unjust enrichment since only one rim was damaged.
In the end, 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 continued. On MPKj’s argument of unjust enrichment, 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.”
The matter of potholes is nothing new in Malaysia and many local councils are inviting the public to report any they come across for quicker action. If you plan to take legal action against the authorities for damages to your vehicle due to potholes or damages roads, you’ll need to ensure you fulfill the necessary criteria and devote some time as filing a suit will take quite some time. Have you ever attempted to do so? What was the outcome?
Looking to sell your car? Sell it with Carro.
come to Bukit Sentosa/Bukit Beruntung and you’ll find more holes and bumps and the practically useless local council MPHS doing absolutely nothing about it. maybe can invest here in workshop that does balancing and alignment
I think they won’t do anything till an official complaint is filed against them due to damaged property…or the election is nearby
Don’t go around begging this lazy bumps to take action.even u complain,they say no budget.but got budget for kenduri dan gathering.Easy way out file a case and sue them and strip their pants down
Thought is under JKR since we paying roadtax each year to federal government
Not all roads are maintained by JKR. Local council (PBT) roads are maintained by the related local council.
Time to sue the pants out of useless incompetent Selangor PH Gomen. 14+ years and they managed to make it worse than under BN. Well patriotic Selangorians should wakeup and sue them kawkaw everytime their car got damaged from potholes, once they have no more budget for GE15 they will panic and wakeup from 14 years of sleep. By then it would be too late for them.
idiot, if u want to talk politics, find other place. Here for cars only!
Pakai otak sikit! He is not wrong to blame the malaise of Selangor to those running the state! This is not about politics but good governance which is obviously missing from Selangor ever since they kicked down MB TS Khalid. Look how bad the state roads have gone to shit. If there is no change in next GE, expect it to worsen more. Is this what you want?!
Do u know road maintenance gt nth to do with local govt?
For more than 50years BN UMNO ruled sabah. but the roads are even worst then moon’s crater… PRU15 pls say NO to BN
Do you know state road maintenance are under state govt control?
One porthole and u asking to change the whole government… There are avenues provided to settle these kinds of problems so use it just as this guy did… It is a case of “tidak apa” attitude and use available avenues to teach those responsible the meaning of being responsible when holding any job.
Only one? Have you driven to Selangor?
Selangor is not called the Pothole State of Malaysia for nothing. If you stayed for decades here you will realise how bad the roads have deteriorated over the recent years. Not coincidentally it downwards under PH rule. So whose “tidak apa” attitude is it? The PH MPs that run the state or the rakyat that keeps voting in these buffoons?
tried many times reporting potholes via waze app but less than 15min later checking back it was automatically cleared!
Back in 2014, I hit a pothole in my new Kia Picanto & the tyre burst because of it. Can I claim for the damage now?
“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 continued.
Meanwhile in another case it was found that the car should avoid Basikal Lajak in the middle of the night with poor lighting when they should not even been there in the first place? So MPKj not gonna appeal that “driving recklessly” just like a case and based on what proof I wonder.
>Road full of potholes
>Blames user for reckless driving
Typical.
I tried reporting tobthe DBKL call centre but calls get unanswered.. Authorities shld encourage the Rakyat to report and provide easy access as these potholes seriouly post so much danger to road users !
DBKL hv KLCares app. Capture site & send. Respond within 48 hrs. Download it from google store.
It’s a norm in civil service the calls won’t be answered
A win for the rakyat!
Some public servants need to be fired! Makan gaji buta.
Fired ? U kidding me? They get promoted come year end.
Blame rakyat for voting them back again and again despite 14 years of incompetency. Say NO TO PH!
Lol, how about the opposite?
Dont you worry some smartAss exploit this system and claim but no damage?
finally where the money come from? Tax Money also right?
rakyat hit the pole – user fault and need to go to court if you want to claim compensation…
menteri hit the pole – within 24h they repair the road…
…….menteri hit the pole – within 24h they repair the road…
..& get a replacement bike tahap kayangan free of charge; also free publicity / advert for bike manufacturer
Hope more to come out and sue the municipal council. Not maintaining the roads is just one of the stuff that they didn’t do. Not to mention the overgrown trees.
should need a court case for things like this. sad backwards mpkj
They to fix all roads … they have money mote the king himself
We, tax payers, have the absolute rights to complaint about the wrong doing of the local goverments. The amount of tax that we pay, be it small or big, are used to manage the roads and other facilities. Therefore, please do not scare of the government officers as they are tax payers too. Without the tax, they will have no salaries!! If you have anything to complaint, please direct your complaints to BIRO PENGADUAN AWAM (BPA). BPA will go down to its roots to solve many issues raised to them. Thank you to all my dearest tax payers.
MPKj lost the case, the officer bear nothing. Whether they will take it from a lesson we duno.
It doesn’t hurt them because it is from tax money.
One porthole and u asking to change the whole government… There are avenues provided to settle these kinds of problems so use it just as this guy did… It is a case of “tidak apa” attitude and use available avenues to teach those responsible the meaning of being responsible when holding any job.
You can also make claims from damage by road-side grass cutting activities. Unfortunately, nobody wants to take responsibility or aid you on this, as usual. It seems they work for the contractors instead of the community, or just plain lazy. That caused me to have a massive initial prejudice towards local council workers/officers. A lot of their jobs are replaceable with automation, but we know that won’t happen.
You can also claim from highway operators from damages. But their claim procedure makes it difficult for you to proceed with the claim (i.e. police report + claim submission within 2 days of incident).
This clears the path for many more claims of this kind? Potholes not only damages your car, but are road hazards which may cause accidents – and who is responsible for this?