Accident due to a pot hole. Can JKR be held liable?
RAYMOND CHEAH CHOON SING v. JURUTERA DAERAH, JABATAN KERJA RAYA SEBERANG PERAI TENGAH & ORS  1 MLJ 362
- Raymond was riding his motorcycle when he suddenly fell into two potholes and suffered injuries. The road was within the jurisdiction of JKR/Government.
- He then filed a claim against JKR but the claim was dismissed by the Magistrate and the High Court on Appeal.
- The High Court found that: (a) Raymond failed to prove that JKR were negligent within the Government Proceedings Act 1956; and (b) JKR were protected under the Act for any omission or refusal to maintain the road which was in a state of disrepair due to the two potholes.
- Aggrieved by the decision, Raymond filed the present appeal to the Court of Appeal.
- The issue for the court’s determination was whether JKR were liable in negligence for their failure to keep a road known as Jalan Perusahaan in good condition?
Decision: Appeal allowed.
- Maintenance of public roads was one of the public duties of JKR and the road was undoubtedly under their care.
- Since the claim brought by Raymond was for negligence and not breach of contract, JKR would not be able to rely on the act to argue that no proceedings can be taken against them for their act or omission in the exercise of their public duties.
- Maintenance of public roads includes the regular inspection and the act of carrying out repair and maintenance works to keep the public roads in good condition.
- However, the current situation proves that JKR failed to keep the public road safe and it indeed caused the injuries to Raymond.