Link Copiedcheck_circle
Auto News

Court orders MPKJ to compensate motorist for pothole damage

Thoriq Azmi

Share via


A motorist reportedly won a compensation and repairs claim in court against the Kajang municipal council (MPKJ) after his car was damaged due to a pothole.

Siding with Fahrurrazi Hamid, the court has ordered MPKJ to settle his claim worth RM2,980. This reportedly covered the cost to repair the damages sustained in his car after hitting a pothole, which consists of four rims, one tyre, wheel camber repair and adjustment, as well as vehicle towing charges.

According to Fahrurrazi Hamid, the damages were incurred when he drove at night on Jalan Sungai Long near the Budiman Business Park back in September 2020. During said drive, his car hit a pothole and sustained damage in the rear left tyre and rim.

After reportedly being unable to locate an identical design replacement rim, Fahrurrazi said he had to replace all four rims plus two tyres, which cost RM3,580 in total. After which, he filed for a claim with said local council but only received an offer for RM1,430 from their insurer – Takaful Malaysia Berhad.

Fahrurrazi had put in a request for a revised amount after said initial offer, but was turned down. This then prompted him to lodge a claim at the Tribunal for Consumer Claims but was later informed that the tribunal has no jurisdiction over the matter.

He then filed a small claim in the Kajang magistrates’ court, which then led to a trial that only took place on July 15 this year. Representing himself, Fahrurrazi explained to the court why he had to replace all four rims, which were both second-and (used) and cost RM450 each.



(Image source: CarSifu.my)

MPKJ, represented by assistant legal officer Muhidin Mahmud, claimed to have taken the necessary action at maintaining all roads under its purview and denied liability. The council even countered by alleging that Fahrurrazi’s reckless driving was the cause of the incident in lieu of the damages sustained,  further adding that the claim to replace all four wheels was unjust.

Despite this, Magistrate Noor Firdaus Rosli ultimately sided with Fahrurrazi after finding that MPKJ was fully liable for the damages caused to said motorist’s car. “Looking at the photos produced by the plaintiff, there was indeed a hole,” said the Magistrate before adding that it was clear that the road was not properly maintained.

Furthermore, Citing the SAE Technical Paper titled “The effects of wheel design on the aerodynamic drag of passenger vehicles” published three years ago, Magiatrate 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.”

Whilst cases of potholes as what Fahrurrazi faced aren’t uncommon in Malaysia, getting compensation for which is a tedious and time-consuming affair. Fortunately, more councils are inviting the public to report any potholes they come across via several channels – including social media – for quicker action.

Intend to take legal action against the authorities for damages to your vehicle due to potholes or damages roads? Ensure that you fulfil the necessary criteria and be prepared to invest in the time needed.

Tagged:

pothole
court
compensation
MPKJ
Share This Article

Written By

Thoriq Azmi

Former DJ turned driver, rider and story-teller. I drive, I ride, and I string words together about it all. [#FuelledByThoriq] IG: https://www.instagram.com/fuelledbythoriq/

Share via

Related News

Auto News
Asphalt core testing Will be carried out during Mega Road Resurfacing 2024 in Selangor

Asphalt core testing Will be carried out during Mega Road Resurfacing 2024 in Selangor

Asphalt core testing will be carried out on all roads in the Mega Road Resurfacing (MRR) 2024 project to evaluate the quality, durability of compacted asphalt core sections.

13-08-2024
Auto News
Man Awarded Over RM700K Over Pothole Related Injury

Man Awarded Over RM700K Over Pothole Related Injury

Court awards plaintiff RM721,000 in damages for injuries due to poorly maintained road.

International
Court Orders Carlos Ghosn To Repay Nissan US$32 Million And Return Luxury Yacht

Court Orders Carlos Ghosn To Repay Nissan US$32 Million And Return Luxury Yacht

Court orders disgraced and exiled ex Nissan CEO Carlos Ghosn to repay automaker US$32 million and return a luxury yacht too.

30-09-2024

Latest News

Auto News
BYD Sees 2025 YTD Sales Total Reach 11,097 Units – 70% YoY Up From 2024

BYD Sees 2025 YTD Sales Total Reach 11,097 Units – 70% YoY Up From 2024

BYD Cars Malaysia discloses its 2025 YTD toral sales have reached 11,097 units, marking a 70% YoY increase from 2024.

14-11-2025
Auto News
KLIA Aerotrain To Stop Nightly From Nov 15 For Reliability Upgrades

KLIA Aerotrain To Stop Nightly From Nov 15 For Reliability Upgrades

KLIA’s Aerotrain will be suspended nightly from 9PM to 7AM starting Nov 15 for reliability upgrades.

14-11-2025
Auto News
Kelana Jaya LRT Weekend Disruptions For Upgrades

Kelana Jaya LRT Weekend Disruptions For Upgrades

Rapid KL will upgrade the Kelana Jaya Line signalling system on Nov 15–16 and 29–30.

14-11-2025
Auto News
GWM Malaysia Accelerates Localisation Drive To Strengthen Supply Chain

GWM Malaysia Accelerates Localisation Drive To Strengthen Supply Chain

GWM Malaysia strengthens local partnerships and production to support the nation’s new-energy mobility ambitions.

Auto News
Upgraded Mitsubishi Eon Auto Mart 3S Centre Reopens in Melaka

Upgraded Mitsubishi Eon Auto Mart 3S Centre Reopens in Melaka

Mitsubishi Motors Malaysia, together with Eon Auto Mart, announces the relocation and upgrade of its outlet in Melaka.

14-11-2025
Auto News
PLUS Implements Night Contra-Flow On Elite Highway For Pipe Work

PLUS Implements Night Contra-Flow On Elite Highway For Pipe Work

Motorists on the Elite Highway should expect a contra-flow from Nov 17–20 for pipe work.

14-11-2025
Auto News
Flat Rate, Rule of 78, Reducing Balance: How Hire-Purchase Loans Really Work

Flat Rate, Rule of 78, Reducing Balance: How Hire-Purchase Loans Really Work

We break down a RM100,000 loan over seven years to show how reducing balance interest saves you money.

Auto News
Genting Highlands Set To Introduce Vehicle Fee to Boost Safety

Genting Highlands Set To Introduce Vehicle Fee to Boost Safety

Motorists heading to Genting Highlands will soon pay a fee to fund maintenance and safety on the 24 km private road.