The Lautoka High Court has awarded $88,567 to a man who was hit by a Land Transport Authority vehicle in 2013.
Justice Mohamed Mackie made the award to Praveen Krishna Naicker in a July 29 ruling.
On July 27, 2013, Mr Naicker, then a 29-year-old mechanic, was struck by an LTA vehicle on Queen’s Road, Waimalika, while crossing to his workplace.
The accident, caused by a vehicle owned by LTA left Mr Naicker with severe injuries, including a ruptured bowel, bilateral knee instability, and multiple soft tissue injuries.
He required emergency surgery and spent three weeks in Lautoka Hospital, relying on crutches for 18 months thereafter.
Mr Naicker’s testimony, supported by Dr. Marko Rokobuli, detailed the accident’s profound impact.
“I find that the Plaintiff has given straightforward evidence,” Judge Mackie noted, describing Mr Naicker as a “truthful witness.”
Medical reports confirmed ongoing knee pain and a risk of post-traumatic osteoarthritis, with one report stating, “it is expected that this will cause him pain and instability in the future.”
“The LTA’s failure to present counter-evidence weakened their defense.”
The court awarded $704 in special damages for medical and travel expenses.
Loss of earnings was calculated at $12,978.80 for 71 weeks of unemployment post-accident.
“If not for this unfortunate accident, the Plaintiff would, probably have continued to work.”
General damages for pain, suffering, and loss of amenities were set at $40,000.
Interest totaling $32,384.43 was added, reflecting the case’s 11-year duration, as “the value of the money that the Plaintiff used to earn prior to the accident has considerably depreciated.”
Costs of $2,500.00 were also awarded.
