Lm6,000 damages for traffic accident

Mr Justice Philip Sciberras in the First Hall of the Civil Court has ordered Enemalta Corporation to pay Lm6,000 in damages to Martin Bonello Cole following a traffic accident.

Plaintiff Bonello Cole filed his writ in 1993 against the Police Commissioner, the Director of Works, Enemalta Corporation and Charles Polidano.

He claimed that in March, 1992 his car, a Porsche, was declared to be a total loss following a collision at Burmarrad Road while plaintiff was driving in the direction of Targa Gap.

In his writ Bonello Cole claimed there was a wide trench in the road but the temporary traffic sign indicating that the road had become one way due to the works had been removed.

As a result, plaintiff had collided with a car driven in the opposite direction by Geoffrey Zarb and plaintiff's car was declared to be a total loss. Plaintiff requested the court to declare defendants liable in damages.

It resulted from the evidence produced that Polidano in his personal capacity was not involved in the works for the contract for the trenching works had been awarded to the company Cement Mix Limited.

It was clear that Enemalta Corporation, which did not file its pleas in the suit, had failed to supervise the works to ensure that the contractor was observing the terms and conditions of the contract of works.

Mr Justice Sciberras found that the public authorities, including public corporations, were duty bound to ensure that when certain works were carried out the road usage and the flow of traffic could take place without danger.

This had not been done in this case.

However, Bonello Cole had not filed a judicial letter against the Police Commissioner and the Director of Works within the time period indicated by law to inform them that he was filing a claim against them. As a result, the court had, albeit unwillingly, to declare that the two defendants had not been sued correctly.

The court therefore concluded that Enemalta had to be held responsible for the damages sustained by Bonello Cole.

The corporation was ordered to pay plaintiff Lm6,000 damages.