Iklin council ordered to pay for car repairs

Iklin local council was yesterday ordered to make good for repairs to the wheel of a car as a result of potholes in a road.

The judgment was delivered by the Small Claims Tribunal following a claim filed by Joseph Falzon.

Philip Manduca, the tribunal's chairman, heard that Mr Falzon's daughter, Stephanie Falzon, was driving his car along Valley Road, Iklin, when she drove into a pothole. As a result, the car's tyre was burst, and the wheel's rim and the wishbone had to be replaced.

The tribunal was told that the incident occurred on February 16, 2005. Ms Falzon said she was driving along the road which was wide enough for two cars to pass in opposite directions. There was a car in front of her and as it was raining she did not see the pothole until she drove into it.

The council told the tribunal that five days before the accident, it had instructed a contractor to carry out patching works on this road. However, due to the heavy rainfall, the contractor had not carried out the works by February 16.

The council's secretary told the tribunal that the potholes had been noted in the road at the beginning of February and that the state of the road had deteriorated due to the rainfall.

Dr Manduca ruled that the council was clearly responsible for the road but had not carried out the patching works. It was the council's duty not to allow potholes of this nature to develop.

The tribunal ordered the council to pay Mr Falzon damages to the tune of Lm90.62.