The High Court in Lautoka has ordered the Land Transport Authority (LTA) to pay $88,567.23 to Parveen Krishna Naicker for injuries he sustained after being struck by an LTA vehicle in 2013. Justice Mohamed Mackie delivered the judgment and ordered the sum to be paid immediately, with post-judgment interest at four percent on the principal until the debt is settled.
Naicker, then 29 and from Navoli, Ba, was hit while crossing Queen’s Road at Waimalika by a vehicle driven by LTA officer Leoni Kacisau. He suffered a ruptured bowel, bilateral knee instability and multiple soft tissue injuries. He was unconscious for about two hours, underwent emergency surgery at Lautoka Hospital and spent three weeks as an in-patient. He used crutches for 18 months and continues to experience knee pain, particularly in cold weather. Because of his injuries he was unable to return to his former work as a diesel mechanic and took lighter, lower-paid work before relocating to New Zealand in 2017.
Medical evidence from orthopaedic specialists confirmed the severity of Naicker’s injuries, the likelihood of lifelong pain, an increased risk of post‑traumatic osteoarthritis and a recommendation for reconstructive knee surgery.
Legal background and damages
The LTA’s appeal against an earlier 2023 High Court finding of vicarious liability was dismissed by the Court of Appeal in July 2024, clearing the way for assessment of damages. The appellate court found that the driver’s actions—while unauthorised and involving misconduct such as drink driving and speeding while transporting work-related materials—were nonetheless sufficiently connected to his employment to attract employer liability.
The damages awarded break down as follows:
– Loss of earnings: $12,978.80 (for 71 weeks of lost work)
– General damages for pain and suffering: $40,000
– Special damages (medical and travel expenses): $704
– Interest relating to the delay in settlement: $32,384.43
– Legal costs: $2,500
Total: $88,567.23 (payable immediately) plus 4% post-judgment interest until paid.
Commentary and context
This judgment highlights the courts’ willingness to hold public bodies accountable for harms caused by employees when their actions are closely connected to work duties. The Court of Appeal’s reasoning—that even unauthorised or reckless conduct can give rise to vicarious liability if linked to employment—serves as a reminder to organisations to strengthen driver management, supervision, and safety policies.
For Naicker, the award provides financial redress for lost earnings, ongoing medical consequences and pain and suffering, though it cannot undo the long-term physical impact. For the LTA and similar bodies, the decision underscores the importance of rigorous controls to prevent intoxicated or reckless use of official vehicles and to protect public safety.
Summary
The Lautoka High Court ordered the LTA to pay $88,567.23 to Parveen Krishna Naicker for permanent injuries sustained when an LTA vehicle struck him in 2013. The award follows an earlier finding of vicarious liability, upheld by the Court of Appeal, and includes compensation for lost earnings, pain and suffering, medical costs, and interest.
Additional suggestions for coverage or follow-up
– Seek a statement from the LTA on any policy or training changes planned in response to the judgment.
– Follow up on whether Naicker intends to pursue reconstructive surgery and whether further medical support or rehabilitation will be covered.
– Report on broader LTA practices (driver vetting, drug and alcohol testing, vehicle use policies) to assess systemic safety improvements.
Hopeful angle
While the ruling cannot reverse Naicker’s injuries, the compensation and the legal precedent may encourage stronger safety measures by public agencies, potentially preventing similar incidents and protecting other road users in the future.
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