RM54k payout after Porsche breaks down due to water in petrol

New Straits Times

07-05-2025

KUALA LUMPUR: A Shell petrol station operator has been found negligent and ordered to pay more than RM54,000 in damages to a car company after water-contaminated petrol caused a Porsche Cayenne to break down.
The magistrate's court in Alor Gajah, Melaka, ruled in favour of Malacha Sdn Bhd which sued DMY and Family Sdn Bhd for supplying petrol allegedly mixed with water at its Shell outlet near Sungai Petai on Sept 30, 2023.
Magistrate Dr Teoh Shu Yee ruled that the plaintiff had successfully proven the petrol station was responsible for supplying fuel contaminated with water, which caused damage to the plaintiff's car engine.
According to court documents, the plaintiff's director claimed that the SUV lost its power and became damaged after refuelling with V-Power 97 petrol at the defendant's petrol station on Sept 30, 2023.
The car was then towed to the Porsche Service Centre and, upon inspection, it was revealed that the petrol poured into the plaintiff's car was contaminated and mixed with water.
On Oct 3, the same year, the defendant received an email from Shell Malaysia informing and attaching a complaint made by the plaintiff to the company.
The defendant later appointed a technician to inspect the Shell station for any signs of seepage or water leakage, but the inspection found no evidence of either.
The defendant also claimed that it did not receive any customer complaint after the inspection, up until the present time.
However, Teoh in her grounds of judgment, said the court found that the defendant had failed to show it had taken reasonable precautions, including providing a proper and quantifiable dipping report for the day of the incident.
"The defendant failed to provide any credible explanation or reasonable steps taken such as a complete dipping report from Sept 30, 2023.
"Instead, they relied solely on general assertions and photographs, with no proper quantifiable dipping records produced," she said.
The court also ruled that the Porsche Service Centre's technical findings were reliable, dismissing the defence's suggestion that the repairs were unnecessary.
"The only effective way to challenge the plaintiff's expert witness is by presenting rebuttal evidence from another expert… the defendant failed to do so," she added.
The court awarded RM48,568.05 for repair costs and RM6,000 for an independent adjuster's fee.
The court also awarded RM10,000 in costs to the plaintiff.
Lawyers Aiden Chan Chee Yuan and Kireshmaa Nair appeared for the plaintiff while Patrick Thong Chin Kwai and Cham Sin Bee represented the defendant.