Insurer successfully recovered €2,722.07 from uninsured driver who caused a road accident, after defendant failed to appear or respond.
Small Claims Tribunal · Avv. Dr. Graziella Tanti LL.B, LL.D. · 2 December 2025
Gasan Mamo Insurance Limited brought a claim before the Small Claims Tribunal against Stefano Zerafa, seeking recovery of €2,722.07 — amounts the insurer had paid out to third parties following a road traffic accident on 31 January 2023. The claim arose after Zerafa had already been found liable in mandatory arbitration proceedings (Arb. No. M6802/2023) brought by Mapfre Middlesea p.l.c. The case against Zerafa was damning on multiple counts. Documentary evidence showed that while Zerafa held a Volkswagen Passat (registration ACC834) insured under a policy issued by the plaintiff, he had no valid driving licence — not even a Maltese licence — at the time of the accident. This breach of the policy conditions meant the insurer was entitled to seek reimbursement for sums it had been obliged to pay out to the injured third party. Despite being duly notified of the proceedings through posting, Government Gazette publication, and local newspapers, Zerafa failed to file any reply within the legal time limit and did not appear at any hearing. He was formally declared in contumacy on 28 October 2025. A chapter of facts (kapitolu) was subsequently presented by the plaintiff, which Zerafa also failed to contest, leading the Tribunal to treat it as admitted. The Tribunal carefully applied established Maltese jurisprudence, noting that contumacy and deemed admission of a kapitolu do not automatically oblige the court to rule in the plaintiff's favour — the evidence must still be independently evaluated. Witness Andrea Bondin, a motor claims adjuster with ten years' experience at Gasan Mamo Insurance, testified under oath, presenting a comprehensive set of 17 documents including the insurance certificate, arbitration decision, correspondence, and the warrant of seizure filed alongside the claim. Satisfied that the claim was fully proven by uncontradicted documentary and testimonial evidence, the Tribunal ordered Zerafa to pay €2,722.07 plus legal interest from 29 April 2025 until actual payment, together with all judicial costs including the official letter and the warrant of seizure.
Stefano Zerafa ordered to pay Gasan Mamo Insurance Limited the sum of €2,722.07, plus legal interest at the maximum permitted rate calculated from 29 April 2025 until the date of effective payment. All judicial costs, including those of official letter No. 4622/23 dated 31 October 2023 and the warrant of seizure filed with the claim, to be paid solely by the defendant.
Small Claims Tribunal Act, Chapter 380 of the Laws of Malta — Articles 9(2)(a) and 13(b); Code of Organisation and Civil Procedure, Chapter 12 — Articles 698(2) and 702(3) (kapitolu and judicial admission); Maltese motor insurance and mandatory arbitration regulations