Transport Malta has been ordered to pay €5,214 in damages after a court found it was responsible for an accident where a car burst a tyre in a pothole and overturned.

The accident happened on August 12, 2010 on the road which from Ta Alla w-Ommu Hill leads to the coast road.

The car, a Toyota Vitz, was being driven by Edward Portelli towards the coast road when the accident happened. One of its wheels dropped into a pothole and burst a tyre. The car subsequently crashed in a field. The pothole was filled a few hours later.

Mr Portelli’s insurer, GasanMamo, subsequently sued Naxxar local council and the Transport Authority, holding them responsible.

Both pleaded they were not responsible for the maintenance of the road.

The council said that following the rebuilding of the road, Transport Malta had always handled maintenance. It presented correspondence to back its point.

Transport Malta said it was only responsible for arterial and distributor roads, and this road was not listed in a list of such roads issued by Mepa in August 1999.

The court in its deliberations said this road linked two arterial roads and fell within Mepa's definition of a distributor road.  Furthermore, it had been shown that Transport Malta had handled its maintenance.

The court also noted the evidence of witnesses, including a resident and a senior police officer, who both said that Mr Portelli had not been driving at excessive speed when the accident happened.

The court found Transport Malta responsible for the maintenance of the road ‘as it had always been’ and ordered the authority to pay damages.