Man awarded $213,000 in compensation
On October 6th, 2001, Aklesh Narayan was a passenger in a vehicle which tumbled three times in Lautoka, causing serious injuries to his forehead, hands and legs and he was unconscious for over 24 hours following the accident.
The driver at the time, Krit Pillay, was allegedly under the influence of alcohol and had admitted his fault in the accident and the court accepted that he drove negligently.
In his ruling, Judge Justice Sosefo Inoke notes that Narayan, who was a panel beater, was hospitalized for two weeks and had to undergo surgery to have plates inserted in his left hand after he suffered severe fractures and was in a wheel chair for six months.
Judge Inoke noted that Narayan needs assistance to walk and still uses crutches, he is in constant pain due to the injuries and that his relationship with his wife has been affected.
He highlighted that Narayan's son died at 7 years old in February 2005 because he could not afford to pay for his medication and that Narayan is facing depression as he cannot run and play soccer with his other children.
Judge Inoke ruled that Pillay, an Accountant and Tax Agent, pay Narayan $80,000 in damages for pain and suffering, $78,000 for loss of earning capacity, $16,640 for compensation for care, Interest damages at $38,400 and $900 in special damages.
Pillay is also to pay Narayan an additional $1,500 in court costs.
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