The Armed Forces of Malta have been ordered to pay for a rented car that was irreparably damaged when it overturned while being used for VIP protection training.

The incident happened 10 years ago.

The AFM rented the car from John’s Garage without saying what they intended to use it for.

The court heard how it was used for soldiers to be trained in VIP protection by officers of the Italian Military Mission.

During one such exercise, one of the vehicle's wheels hit a concrete platform and the car flipped over, ending up on its roof.

The magistrates’ court had initially found in favour of the AFM, which argued that the use of the car was within the rental contract.

But during appeal proceedings, it was pointed out that one of the contract conditions laid down that the car may not be used for racing, pacemaking, reliability trials, speed testing or driving tuition.

The magistrate’s court said none of those conditions were breached. But the appeals court disagreed. It said that while there was no definition of driving tuition, it was clear that at the time of the incident, the driver, although licensed, was being instructed on how to use the car in particular circumstances. This too qualified as driving tuition, and therefore one of the contract conditions had been breached.

The appeals court also observed that the magistrates' court had ordered the AFM to pay just €465 for the damage, on the basis of capping found in the contract.

However the court observed that the AFM had not paid a collision damage waiver. Furthermore, the capping applied only when the car was used according to the contract conditions. In this case, the contract conditions had been breached.

Additionally, the contract laid down that the car was to be returned in the same condition as it was received.

The insurance company had also been right not to pay up since the car was not used for its intended purpose.

The appeals court therefore ordered the AFM to pay John’s Garage €6,200, plus interest.