PUTRAJAYA: The Court of Appeal here on Wednesday (March 19) ruled that the Seremban City Council (MBS) must pay RM216,949 in damages to a motorcyclist who suffered injuries following a fallen tree incident on a federal road in Seremban 2018, Sinar Harian reports.
A three-judge panel, chaired by Judge Ahmad Zaidi Ibrahim, made this decision after overturning a Seremban High Court decision.
In delivering the unanimous verdict, Judge Ahmad Zaidi, who sat with Judges Mohd Nazlan Mohd Ghazali and Mohamed Zaini Mazlan, said that the costs cover damages and medical expenses for injuries suffered by the plaintiff, Iqmal Izzudeen.
"MBS is responsible for negligence as it failed to carry out tree maintenance work on the road, which led to the accident.
"The local authority is also responsible for the maintenance of trees on federal roads in Seremban and other areas within its jurisdiction, as stipulated under Section 101 of the Local Government Act 1976," he said.
The case arose from an incident in 2018 when Iqmal sustained injuries after a tree fell while he was stopped at a traffic light near the Rasah toll on the North-South Expressway on May 1, 2018.
The plaintiff subsequently filed a lawsuit in the Seremban Sessions Court against MBS, the Public Works Department (JKR), and Selia Selenggara Selatan Sdn Bhd, the concessionaire appointed by JKR.
Initially, the Sessions Court ruled that JKR and the company were responsible, while dismissing the case against MBS.
However, the High Court later allowed Selia Selenggara Selatan's appeal and ruled that the company was not responsible for tree maintenance based on the terms of the concession agreement, thus freeing the company from liability.
The High Court also decided that JKR was still responsible for ensuring the maintenance of trees along federal roads.
Following this, JKR appealed to the Court of Appeal, arguing that MBS should be responsible for overseeing the trees.
Alternatively, they argued that Selia Selenggara Selatan should also be held accountable as it was included in the road maintenance concession agreement.
The Court of Appeal ruled that the company was not liable because tree maintenance was indeed not included in the scope of the concession agreement.
This decision has significant implications nationwide as it clarifies that the responsibility for tree maintenance on any road, including along federal roads, does not lie with JKR or the concession companies but falls under the jurisdiction of local authorities.
In this case, JKR was represented by Senior Federal Counsel Amalina Zainal Mokhtar and Federal Counsel Mohamad Shafiq Mohd Sazali, while Jaqdesh Singh Johal represented Selia Selenggara.
Lawyer Aisha Jothilingam appeared on behalf of MBS, while Iqmal was represented by lawyer S Vimalarani.
