$55k for injuries

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A Nadi businessman who assaulted an ambulance driver in Nadi town on June 13, 2009, has been ordered to pay $55,500 for personal injuries sustained by the driver.

Anil Gounder assaulted Roshan Ali at his restaurant in Nadi with a stick and hit him all over his body.

When Ali lifted his hand to cover himself, Gounder hit his left arm.

Ali’s left arm was broken as a result.

Ali said that someone in the small crowd which had gathered around the compound alerted the police.

“I am of the view that the injuries that Ali received from the assault would have resulted only in some incapacity. In saying that, I am influenced by the evidence that he had metal plate and screws inserted in his left forearm to stabilise the fracture,” stated Justice Anare Tuilevuka in his September 5 ruling.

“I have no doubt that this would have limited his range of movement on his left forearm for some time and would have caused some pain. I make a note here that Ali did suffer such humiliation in the hands of Gounder who acted rather callously in the circumstances of this case. I would have been inclined to make an award for false imprisonment but this was not pleaded.

“Having said that, I am of the view that this case could have been settled much earlier as the facts were not in dispute. Instead, it has languished in the court system for more than ten years which would have cost Ali extra legal costs.”

Justice Tuilevuka awarded $30,000 for pain, suffering and loss of amenities, $18,000 for loss of earning capacity, $1000 for special damages and $6500 in costs.

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