A request for a stay of judgment by Export Freight Services, following a court order to compensate a former employee with over $160,000, has been denied by the High Court in Suva. The plaintiff, Hemendra Nath Sharma, suffered injuries while working at the company’s premises when a forklift was loading a consignment.
Mr. Sharma pursued legal action against the company for negligence, resulting in a damages award of $160,922, in addition to $300 in court costs. After the company appealed the ruling, it sought a stay of execution until the appeal could be reviewed.
However, Justice Deepthi Amaratunga ruled against this request, emphasizing that Mr. Sharma has already faced a lengthy wait for his compensation and is currently in his mid-60s. The judge underscored that the purpose of compensation is to provide relief to the injured party while they are still alive, cautioning that further delays could prevent Mr. Sharma from benefiting from the judgment.
In his decision, Justice Amaratunga stated that the overall balance of convenience favors Mr. Sharma, noting that it is uncommon to stay a monetary judgment. He pointed out that granting a stay would negatively impact Mr. Sharma, as he lost his self-employment due to the injury, which hindered his ability to operate heavy vehicles.
Additionally, the judge ordered Export Freight Services to cover the application costs of $1,000 within a 21-day period. This ruling not only ensures that Mr. Sharma receives the compensation he rightfully deserves but also serves as a significant precedent for similar cases where injured parties seek justice and timely restitution.
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