A motorist and his insurance company have been ordered to pay €169,001.16 to the parents and brother of a young man who died in a traffic accident in Valley Road, Bikirkara, in March 2015.

Keith Caruana had been driving a VW Polo which crashed into a tree, causing the death of 18-year-old friend Abraham Celik, who, along with others, was a passenger in the car. They were returning from a night out in Paceville when Caruana lost control of his vehicle.

It was alleged that Caruana caused the accident through negligence and overspeeding while under the influence of alcohol.

Mapfre Middlesea Insurance argued in its defence that at the time of the accident Caruana was not covered by a valid insurance policy because he was breaching its conditions by driving under the influence of alcohol. The company reserved the right to sue Caruana in separate proceedings. It also held that Celik was partly responsible because he should not have boarded the car once he knew that Caruana had been drinking.

Caruana denied responsibility, claiming that the accident was caused be dew on the road and manhole covers above the level of the road surface. He also pointed out that a breathalyser test taken in hospital showed that he was not under the influence of drink and was therefore not in breach of the insurance policy.

The court heard how the victim had been in the back seat of the car and had been wearing a seat belt at the time of the accident. But such was the force of impact, that three of the car’s wheels came off. The victim died on the spot.

Passengers in the car described how Caruana had driven at an excessive speed, at one time also going wrong way.

A police witness confirmed that the driver’s alcohol level was low.

The court in its deliberations, said that even if Caruana was not driving under the influence of drink, he had been driving negligently, over speeding and taking unnecessary risks.

It was clear that his recklessness was the cause of the accident.

In considering compensation, the court noted that Abraham Celik had just a few days before the accident, been notified that he was being accepted in the Armed Forces of Malta.

It therefore ordered payment of compensation of €169,001.16.

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