Transport watchdog rejects compensation claim, fearing precedent

The Malta Transport Authority (ADT) has refused to compensate a woman driver for damage she incurred after driving over a manhole that was determined to be "dangerous" and in need of "immediate action" by the authority.

The case was referred to the Ombudsman who upheld her complaint but the ADT refused to compensate her, according to the Case Notes published this week by Ombudsman Joseph Said Pullicino, his first since taking over from Joe Sammut.

"The authority held that as the administrator of public funds, it is responsible for the way that these funds are used and insisted that effecting an ex gratia payment could be considered as a precedent which the authority would not be in a position to sustain or even to justify," the Case Notes conclude.

The woman had damaged the front wheel of her car and its rim when she drove over the displaced manhole cover. She subsequently filed a report at the police station, where another person was filing a report about damage to their car sustained at the same spot. She was also told that the spot was often surrounded by cones to warn motorists of the missing grating.

The ADT records showed that the damaged manhole had been noted at the danger spot a few days before the woman's accident and again the day after, when it was referred to by ADT personnel as "a very dangerous manhole... immediate action required".

The ADT's response to the complainant was "abruptly dismissive", the Ombudsman said. The reply had said:

"... it is the policy of the ADT not to acknowledge such claims. For this reason, kindly be advised that your claims for reimbursement shall not be entertained".

The Ombudsman found that the hazard had existed for years and that it had only fairly recently been repaired. He suggested an ex gratia payment which was subsequently refused.

"... having no executive power to enforce his recommendation, the Ombudsman informed complainant that he had no other option but to continue to insist with the authorities involved in this case to change their policy and to demonstrate a more customer-friendly attitude in the interest of citizens and especially those with a justified grievance."