A bus owner has failed to get his mechanic to pay almost €100,000 in damages following gearbox repairs.

A judge ruled it was the bus owner who created the problem for which he was blaming the mechanic when he opted to repair his bus through a third party rather than at an authorised mechanic.

Carmelo Farrugia filed a court application in June 2007 against mechanic Martin Chetcuti, blaming him for damages amounting to €93,268 he said that he had incurred because he spent a long period without his bus, which was his bread and butter.

He told Madam Justice Jacqueline Padovani Grima he had purchased his King Long bus in October 2003. One of the conditions of the guarantee was that repairs could only be done at authorised mechanics.

However, some time later, there was a problem with the engine mounting and Mr Farrugia took the bus to be repaired at a mechanic who was not authorised and who changed a part with a locally manufactured one.

Just days later, the engine came off its mounting and fell to the ground. Subsequently, the bus developed problems to its gearbox but the supplier informed him that since the engine mount had been repaired at an unauthorised garage the guarantee was invalidated. 

He approached Mr Chetcuti and it was determined that the gearbox had to be sent abroad for repairs.

They signed an agreement and Mr Farrugia accepted to make a €3,500 deposit which was, however, never paid.

The gearbox was sent abroad but the bill remained unsettled and the gearbox never came back.

The bus remained at Mr Chetcuti’s garage for more than a year until, one day, Mr Farrugia towed it away and made arrangements to import a new gearbox.

Mr Farrugia told the court that he expected the mechanic to pay for the damages he had suffered, including almost €49,000 of lost income from salaries, another €12,000 to cover the expenses to hire a bus and additional drivers, €6,400 for the new gearbox and a loan of €23,300, though Mr Farrugia did not explain what the loan was for.

He also expected Mr Chetcuti to fork out €2,100 in fines imposed on Mr Farrugia by Transport Malta between October and November 2007.

In her judgment, Madam Justice Padovani Grima noted that Mr Farrugia would not have incurred the expenses listed had he opted to repair the engine mounting fault at an authorised mechanic.

The court therefore ruled that Mr Farrugia was to blame for the invalidity of the guarantee and because he failed to make the deposit as agreed before a notary.

Had he paid the deposit, the repaired gearbox would have been sent back to Malta and installed within a matter of days, the judge concluded.

She therefore rejected his request for compensation and ordered him to pay all the legal fees related to the case.