The Malta Transport Authority (ADT) has been ordered to pay €4507.48 as reimbursement to an insurance company after roadworks caused rainwater flooding of a basement in Marsaxlokk.
The judgement was delivered by Magistrate Silvio Meli following a writ filed by GasanMamo Insurance Ltd, on behalf of its insured Victor Pace, against Marsaxlokk local council and the ADT.
Mr Pace had suffered damages amounting to Lm1,935.06 after his basement was flooded on October 16, 2006.
The local council pleaded that it had not carried out the works but that they had been undertaken by a contractor appointed by the ADT.
The ADT denied responsibility and said that the accident was Mr Pace's fault as he had to bear responsibility for the fact that his property was in a valley. It was natural for rain water to pass through a valley.
Magistrate Meli dismissed the ADT's pleas and found the Authority responsible for the damages sustained. It was established that roadworks were being carried out and when the accident occured the pavement on Mr Pace's side of the street was not completed. The rain water therefore poured into Mr Pace's basement. The works had been carried out by a contractor appointed by the ADT and the contractor had not taken the necessary precautions to prevent rainwater damage, the court established.