Hornbill Unleashed

September 23, 2016

Can we sue councils for crashing?

Filed under: Politics — Hornbill Unleashed @ 9:01 PM

With the terrible conditions of Malaysian roads, especially in the Klang Valley, and the construction sites which add to the heavy vehicles plying the roads, it would seem the only vehicles suitable for us would be the off roader-type.

Yesterday, Chandran Sekaran K. Mohan, 55, had his vehicle plunged into a 10-metre-deep hole at a construction site at Bulatan Kampung Pandan.

Reports said that he has lost control of the wheel causing the car to skid and crash into a road divider before plunging into the hole.

The Kuala Lumpur Fire and Rescue Operations Centre chief Samsol Maarif Saibani (pic) said 15 firemen took about 10 minutes to remove Chandran who was trapped in his seat after his Kia Spectra car plunged into the hole.

His is not the first case and there were many more before him who ended up in a ditch because of construction sites not putting up proper warnings to warn motorists or simply because of the bad road conditions due to the constructions.

Those who have been made to do zig zags and perfect our survival driving skills just to get onto the proper tarred parts of the roads would understand very well as to how Chandran actually got into such a situation.

One can only keep wondering who we can blame or ask compensation from should our cars or us get injured due to the horrible patchwork of a road or being pushed onto the construction part of roads that we have to ply as taxpayers everyday.

Not only are the roads bad, on top of avoiding potholes or manholes that are not covered, there are the malfunctioning street lamps.

Says DAP Segambut MP Lim Lip Eng, under the Kuala Lumpur City Hall (DBKL), the council does provide compensation for vehicle owners who have their vehicles damaged due to bad roadworks.

“I have helped a few people make claims for their damaged vehicles and DBKL does have a department that provides for such incidents.

“The vehicle owners have to provide a receipt and prove that the damages are caused by the roadworks and they will be reimbursed for their vehicle repairs,” says Lim.

Referring to Chandran’s case, Lim says citizens have the right and can file a civil suit against the council as long as they can prove negligence on the council’s part.

“There are previous cases where citizens have filed civil suits against the council, they can do so provided they can prove the council’s part in negligence.

“They can even sue the contractors, meaning to say that both the council and the contractors can be sued separately as they are two different parties,” says Lim.

Perhaps this information should be made viral to ensure more people get their dues, especially for our tyres.

Soo Wern Jun@The Heat Malaysia Online


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