Seremban City Council Ordered To Pay RM217,000 To Motorcyclist Injured By Falling Tree
The falling tree left Iqmal Izzuddeen Rosthy with multiple fractures in his arms, ribs, and jaw seven years ago.
Cover image via The Court of Appeal has ordered the Seremban City Council (MBS) to pay RM216,949 in damages to a motorcyclist who sustained severe injuries after a tree fell on him seven years ago
According to FMT, Iqmal Izzuddeen Rosthy suffered multiple fractures to his arms, ribs, and jaw after an uprooted tree fell on him at a traffic light near the Rasah toll plaza on the North-South Expressway on 1 May 2018.
The compensation marks the end of a six-year legal battle initiated by Iqmal against MBS, the Public Works Department (JKR), and JKR's concessionaire, Selia Selenggara for negligence.
The Sessions Court initially held JKR and Selia Selenggara responsible for the incident, dismissing the claim against MBS.
However, the High Court upheld JKR's duty of care, prompting them to challenge the decision at the appellate court, arguing that MBS or Selia Selenggara should bear responsibility.
Image via Facebook via FMT
On Wednesday, 20 March, a three-member bench led by Justice Datuk Ahmad Zaidi Ibrahim, unanimously ruled that local authorities are responsible for tree maintenance under Section 101 of the Local Government Act 1976
Zaidi said MBS was negligent in failing to maintain the tree, which ultimately led to the accident.
The judge also dismissed JKR's appeal against Selia Selenggara, stating that the concession agreement did not require the company to maintain trees alongside federal roads.
FMT reported that the ruling is expected to have nationwide implications for local authorities.
