The High Court in Lautoka has ordered the Land Transport Authority (LTA) to pay $88,567.23 to a man who suffered permanent injuries after being struck by an LTA vehicle in 2013. Justice Mohamed Mackie delivered the judgment and ordered immediate payment of the principal amount, with post-judgment interest at four percent payable until the debt is settled.
The plaintiff, Parveen (Praveen) Krishna Naicker of Navoli, Ba, was 29 when he was hit while crossing Queen’s Road at Waimalika on July 27, 2013. The vehicle was driven by LTA officer Leoni Kacisau. Naicker was rendered unconscious for about two hours, sustained a ruptured bowel, bilateral knee instability and multiple soft tissue injuries, and required emergency surgery at Lautoka Hospital. He remained in hospital for three weeks and used crutches for 18 months. He continues to suffer knee pain, particularly in cold weather.
Medical evidence from orthopaedic specialists confirmed the severity of his injuries and found a likelihood of lifelong pain, an increased risk of post‑traumatic osteoarthritis, and a recommendation for reconstructive knee surgery. The court heard that because of his injuries Naicker was unable to return to his former employment as a diesel mechanic; his earning capacity was significantly reduced, and he took lighter, lower‑paid work before relocating to New Zealand in 2017.
Breakdown of the award
– General damages for pain and suffering: $40,000
– Loss of earnings (71 weeks): $12,978.80
– Special damages (medical and travel expenses): $704
– Interest arising from delay in settlement: $32,384.43
– Legal costs: $2,500
Total: $88,567.23
Background on liability
The LTA had appealed an earlier 2023 High Court finding of vicarious liability. The Court of Appeal dismissed the LTA’s appeal in July 2024, upholding the principle that an employer can be held responsible for an employee’s conduct if it is closely connected to the employee’s duties. In that appellate ruling, the court noted that the driver’s actions occurred while travelling on a work‑related errand, and that misconduct did not necessarily sever the link to employment.
Additional comments and context
– The award includes substantial interest reflecting the long delay between the 2013 accident and final assessment of damages; the interest component highlights the financial impact of protracted litigation on claimants.
– The Court of Appeal’s endorsement of vicarious liability in this context may prompt closer review of LTA policies on driver conduct, supervision and the use of official vehicles for duties, particularly when transporting documents or performing time‑sensitive tasks.
– For completeness and balance, a news update should seek comment from the LTA and from Naicker or his legal representatives about whether the amount has been paid and any steps the LTA is taking in response.
Summary
A Lautoka High Court judgment has ordered the LTA to pay $88,567.23 to Praveen Krishna Naicker for injuries sustained when an LTA vehicle struck him in 2013. The sum reflects general and special damages, loss of earnings, interest for delay and legal costs. The ruling follows an earlier appellate decision confirming the LTA’s vicarious liability.
Hopeful perspective
While the case highlights the human cost of the accident, the outcome demonstrates that the courts can provide redress even after many years, and the legal findings may encourage stronger safety and oversight measures within public agencies to reduce the risk of similar incidents in future.
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