The Lautoka High Court has ruled in favor of Praveen Krishna Naicker, awarding him $88,567 after he was injured in an accident involving a Land Transport Authority (LTA) vehicle in 2013. Justice Mohamed Mackie delivered the verdict on July 29, stating that the LTA was responsible for the accident that significantly impacted Mr. Naicker’s life.
On July 27, 2013, 29-year-old Mr. Naicker, a mechanic, was struck by an LTA vehicle while crossing Queen’s Road in Waimalika on his way to work. The incident resulted in severe injuries, including a ruptured bowel, bilateral knee instability, and multiple soft tissue injuries, necessitating emergency surgery and an extended recovery period during which he relied on crutches for 18 months.
The court heard testimony from Mr. Naicker, which was corroborated by medical expert Dr. Marko Rokobuli. Justice Mackie praised Mr. Naicker’s evidence, deeming him a “truthful witness.” Medical records indicated ongoing knee issues and risks for future complications, including post-traumatic osteoarthritis.
The judgment included $12,978.80 for loss of earnings stemming from 71 weeks of unemployment due to the injuries, alongside $40,000 for general damages related to pain and suffering. Additionally, the court ordered $704 in special damages to cover Mr. Naicker’s medical and travel expenses, along with $32,384.43 in interest due to the prolonged settlement process over the 11 years. Consequently, the total awarded also encompassed legal costs amounting to $2,500.
This ruling underscores the legal system’s commitment to ensuring accountability for injuries caused by negligent behavior, particularly by public entities such as the LTA. It might also serve as an impetus for greater safety measures and awareness within such organizations, potentially minimizing the risk of similar accidents in the future.
The case not only represents a victory for Mr. Naicker but also highlights the importance of thorough investigations and the compensation system’s role in providing justice for individuals affected by workplace and traffic accidents. Such rulings could inspire legislative changes aimed at enhancing safety and responsibility within public transport operations going forward.
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