Driver who won pothole lawsuit against local council tells others to follow suit
Published on: Thursday, September 29, 2022
By:
FMT, Shahrim Tamrin
Dr Fahrurrazi Hamid drove into the pothole (cemented) when travelling at night on Jalan Sungai Long, below the Kajang Dispersal Link Expressway flyover.
PETALING JAYA: The man who won a compensation claim against a local council after his car was damaged by a pothole says he had to battle red tape, unreasonable policies and a long wait to win his case.
However, after having received RM2,980 from the local council’s insurer two weeks ago, Dr Fahrurrazi Hamid urged Malaysians to fight for their rights.
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“We must be firm in taking action against local councils for them to be proactive in ensuring safer roads,” he told FMT. “Never give up (in seeking compensation for damage caused by unmaintained roads).”
After initially being denied compensation by Takaful Malaysia Berhad, the insurer of the Kajang municipal council (MPKj), Fahrurrazi sought help from the Tribunal for Consumer Claims.
He was later told that the tribunal had no jurisdiction to resolve the matter.
“Despite being turned down by MPKj and the tribunal, I did research on the internet and found out that an individual may file a small claim below RM5,000 in the magistrates’ court,” he said.
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He filed a claim in court and had to endure six case managements over 12 weeks before securing the trial date in July.
“I wanted to exercise my rights. Money isn’t everything or my true purpose, it was a matter of principle,” said the 37-year-old medical doctor who represented himself in court.
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He won his case, with the Kajang magistrates’ court ordering MPKj to settle his claim for RM2,980, which he paid to replace four rims (RM1,800) and a tyre (RM800), to adjust the car’s chamber (RM180) and towing charges (RM200).
Fahrurrazi said road users must play a role as consumers and taxpayers so local councils can be more responsible.
“I am grateful that I only damaged my car and wasn’t hurt. There have been many unfortunate pothole incidents that led to injuries and fatalities,” he said.
“We should stand up for our rights even though it may take a long time and test our stamina.”
The incident happened in September 2020 when Fahrurrazi was driving at night on Jalan Sungai Long near the Budiman Business Park. His car hit a pothole below the Kajang Dispersal Link Expressway flyover, damaging its rear left tyre and rim.
The next day, after he could not find an identical rim, he had to replace all four rims and two tyres at a total cost of RM3,580.
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