ศาลปกครอง

Filling of a Case for Damages in the Case of an Accident Caused by Wastewater Flowing From Municipal Garbage Truck

When the Plaintiff complained that the officials of the Defendant
neglected to allow some debris and wastewater leaking from a municipal garbage truck
onto the road resulting in the Plaintiffs’ accident, it was deemed that the such abovementioned
duties complained by the Plaintiffs was merely the general duties of
the person who drove a transport vehicle to carefully prevent the items from falling
down which could endanger life, body, or property of people who travel along
the road. According to Section 9 paragraph one (3) of the Act on Establishment of
Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), the case
filed with the Court was not a case involving a dispute in relation to a wrongful act
or other liability of an administrative agency or a State official arising from the neglect
of official duties required by the law to be performed. However, the mentioned case
was a case involving a dispute in relation to a wrongful act of an administrative agency
or a State official arising from the neglect of general duties that required the person
who drove a transport vehicle to be performed, this case was thus not within
the competence of the Administrative Courts to try and adjudicate.