AFM found liable for damages sustained by gunner
The Armed Forces of Malta have been found to be liable for the damages sustained by a gunner due to poor maintenance of the army's roads.
Gunner Joseph Seychell told the court he had been assigned to drive an AFM Landrover in 2001. Since the vehicle was used by other soldiers, Mr Seychell had decided to make sure that it was in good working order. But as he was about to climb into the vehicle he tripped into a pothole beneath the vehicle.
Mr Justice Silvio Meli pointed out in his judgment that Mr Seychell's superior officers were aware of this pothole but had not taken action to repair it.
The court added that despite the exaggeratedly long time it had taken the case to be heard, Mr Seychell had not produced evidence about his income or about the damages he expected to receive for the four per cent permanent disability he had suffered.
Mr Justice Meli found the AFM's Brigadier responsible for Mr Seychell's injuries and put the case off for evidence to be produced on the quantum of damages.
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Joseph Sammut
Oct 13th 2012, 13:51
@JOE A BORG: It is not difficult at all, and easy. To calculate annual increases on a sum of money that was paid, e.g., in 2001 one takes the salary of an individual at the start and end of that year, averages the two figures, and then calculates the annual increases on that figure according to each year’s announced COLA, as announced in each year's budget speech.
Michael de Marco
Oct 11th 2012, 20:43
How is it possible trip "into a pothole BENEATH the vehicle" (i.e. covered by it) as you are about to climb in? ........ always, as according to the report. Possibly the hole was to the side of the vehicle? Also, it appears that in the eyes of our civilian judicial system troops are not expected to function on rough terrain!
Joe A. Borg
Oct 11th 2012, 16:03
How could he have produced the evidence before. With a 12 year delay of justice, it is very difficult to calculate the cost of living increase over such period in advance!!
So now he can have them with interest as well based on today's rate.
David Hill
Oct 11th 2012, 19:17
And if they left it for another 30 years they would be even more accurate.
What a farce, 4% disability, what was that a damaged
triger finger?
What do the armed forces have to do? Level out all ground that they will be going over, and remove all hazards?
Hadn't he learned to look where he put his feet?
C. Bonnici
Oct 12th 2012, 01:57
@ David Hill: Apparently you know more than Mr Justice Silvio Meli then. A court of law said that AFM's Brigadier was responsible for Mr Seychell's injuries. You insist the contrary... To my mind, mentality like your is exactly what keeps these islands as mediocre as they are.
By the way, AFM should indeed eliminate all hazards.
Please choose the reason of your report below: