Heirs of motorcycle accident victim awarded €66,445

The heirs of a young motorcycle rider who died as a result of a traffic accident in 2003 have been awarded €66,445.31 in damages, although a court ruled that the youth had contributed to the accident.

Mr Justice Mark Chetcuti delivered this judgment following an action filed by the heirs of the late Marlon Busuttil against Raymond Farrugia.

The court heard that the accident took place in June 2003 in Safi Road, Kirkop between the motorcycle, driven by Mr Busuttil who, at the time was 17-years-old and unlicensed, and Mr Farrugia who was driving a bus.

From the evidence it resulted that Mr Farrugia was driving the bus on the wrong side of the road as he was trying to overtake a truck when the accident occurred. Mr Busuttil had lost control of the motorcycle and had skidded under the bus. Mr Farrugia had tried to avoid the accident, but by manoeuvring the bus he had, in effect, blocked the road.

The court found the bus driver's actions to be censurable and concluded that Mr Farrugia had not kept a proper look out.

However, the court also concluded that Mr Busuttil was answerable for 25 per cent of the accident.

He was only 17, had no driving licence and had, apparently, taken the motor cycle without his parents knowledge or consent. His inexperience as a driver had contributed to the accident.

The court therefore found Mr Farrugia liable for 75 per cent of the accident and ordered him to pay Mr Busuttil's heirs €66,445.31 in damages.