€100,000 compensation for accident caused by poor state of road

Transport Malta has been ordered to pay almost €100,000 in damages to a man who suffered head injuries in a traffic accident which was caused by the bad state of a road.

Mr Justice Lino Farrugia Sacco delivered this judgment following an action for damages filed by Anthony Azzopardi and his son Dominic against Transport Malta.

The accident took place in December 2007 in Mdina Road, Zebbug.

Dominic Azzopardi was driving his father's car when he crashed as a result of faulty culverts and large potholes. He suffered serious head injuries leading to a permanent disability as a result of the crash. The car was deemed a total loss.

Mr Justice Farrugia Sacco pointed out that although the TM had failed to submit a reply contesting the Azzopardis' claims, the Authority had then filed written submissions contending that there was no direct link between the state of the road and the accident.

The Authority also claimed that excessive speed on the part of Dominic Azzopardi had contributed to the accident. But the court found that TM could not exclude its liability by not producing any evidence and then making unsupported allegations.

A few days before the accident, Zebbug Local Council had written to the TM complaining about the dangerous state of Mdina Road and in particular about the culverts in this road. Had the TMfollowed up on this complaint and repaired the road then the accident might not have occurred and Dominic Azzopardi would not have incurred serious injuries which were estimated to constitute a 29 per cent permanent disability, thje court said. The TM would also have avoided incurring expenses which, ultimately, would be borne by the tax payer.

The court found TM responsible for the accident and ordered it to pay €900 to Anthony Azzopardi as compensation for the loss of his car and €95,838.98 to Dominic Azzopardi as damages for the permanent injury he had suffered.