The High Court of Fiji has determined that Raiwaqa Buses Limited is responsible for the injuries sustained by Samuela Sautamata Ritova, a passenger and schoolteacher, during a bus accident on May 28, 2014. The court found the late Akhtar Ali, the bus driver and a Raiwaqa Buses employee, negligent, attributing vicarious liability to the company. This decision could influence four other cases related to the incident.
Justice Chaitanya Lakshman’s ruling on August 29 stated that the bus, despite being insured, was not roadworthy, leading to the dismissal of Raiwaqa Buses’ claim for indemnity against Sun Insurance Company Limited. The Court emphasized the company’s neglect in addressing mechanical defects, invalidating their insurance coverage.
Mr. Ritova, who previously endured significant injuries, including the loss of his right leg, has been awarded general and special damages, pending assessment in a future hearing. This follows a pattern of providing interim financial relief to victims, as in a previous interim court order where Raiwaqa Buses were mandated to pay Ritova $10,000 to alleviate immediate financial burdens.
This ruling resonates with a broader effort to enhance safety and accountability within Fiji’s transport sector. Recently, the legal system has increasingly emphasized the responsibility of transport operators to maintain vehicle safety and uphold stringent safety protocols. Similar judgments in the past, where public entities were found vicariously liable, have inspired calls for more stringent oversight and safety compliance across transport services.
The case not only highlights the importance of corporate responsibility and safety in public transportation but also signals a hopeful change towards more robust safety measures to prevent such incidents in the future. As court verdicts continue to emphasize accountability, there is optimism that this will lead to safer travel conditions, ensuring justice and fostering trust in public transport services.
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