The High Court in Lautoka has allowed a case regarding alleged unfair compensation by the Accident and Compensation Commission of Fiji (ACCF) to proceed to trial. The claimant, Vinal Chand, suffered injuries in a vehicle accident and was offered compensation through the “no fault scheme” by the ACCF.
Dissatisfied with the compensation amount, Mr. Chand initiated legal action against the defendants and filed a claim against the ACCF in accordance with section 28 of the Accident Compensation Act 2017.
In a ruling on July 18, Master of the High Court Mohammed Azhar observed that the ACCF chose to defend the case under the Act. He criticized the ACCF for filing a summons that delayed the legal process and incurred unnecessary costs both for taxpayers and for the plaintiff, who had already suffered injuries from the accident.
Master Azhar stated, “The ACCF’s decision to file the current summons not only prolonged the process but also forced the plaintiff, who had already endured injuries, to face additional legal costs in defending against this summons. The actual prejudice was against the plaintiff, who was under pressure to contest the summons instead of pursuing further necessary directions as permitted by the rule.”
As a result, he ruled that the summons filed by the ACCF was dismissed. The ACCF is granted the option to file or refrain from submitting an Affidavit Verifying List of Documents (AVLD) and is ordered to pay the plaintiff $1,500 in costs within 14 days.