A three-member bench chaired by Justice Supang Lian said Dr M Murali had proved his case against the three defendants – the Selangor government, Jurumart Sdn Bhd, and the state public works department (JKR) director – on a balance of probabilities.

Announcing the decision to allow Murali’s final appeal, Supang said all three defendants were liable for the plaintiff’s injury. However, the court only awarded damages against the state government as it was the principal in the case.

Jurumart and the Selangor JKR director were classified as mere agents of the state government.

Also on the panel hearing the appeal were Justices Choo Kah Sing and Shahnaz Sulaiman.

The court ordered Jurumart to pay RM20,000 in costs. The two remaining defendants were ordered to pay a total of RM10,000 in costs.

The facts of the case revealed that Murali, then a medical houseman, was riding his motorcycle along Jalan Seruling 59 in Klang at 11pm on Dec 17, 2018 when he hit a pothole.

Passers-by rushed him to a government hospital. He was discharged the following day.

He later returned to the accident site and captured a photo of workers filling the pothole.

He only lodged a police report 10 days later.

The investigating officer confirmed he too had gone to the scene and noted that the pothole had been recently filled.

Murali filed a suit against the defendants in the sessions court five years ago, but the case was dismissed. The lower court’s ruling was affirmed by the High Court, giving rise to the present appeal.

It was also revealed that the state government had appointed Jurumart as its contractor to maintain several roads in Klang, including the road on which Murali was injured.

Lawyer D Ellen Cheran appeared for Murali while counsel Izzatul Syathirah Jahit represented the contractor.

Selangor assistant legal officers Hani Aziza Ismail and Norfariza Ridzuan acted for the government and the state JKR director.