A stay of judgment sought by Export Freight Services, which was ordered to pay a former employee damages amounting to more than $160,000, has been refused by the High Court in Suva.
Court records show the plaintiff, Hemendra Nath Sharma, was injured at the premises of the company while a consignment was being loaded by a forklift.
Mr Sharma then sued the company for negligence and was awarded $160,922 in damages plus $300 in court costs.
The company then appealed that decision and requested a stay of execution until the appeal was heard.
But in his ruling, Justice Deepthi Amaratunga said Mr Sharma has been waiting for compensation for a long period and is currently in his mid-60s.
He emphasised that compensation is meant for the injured person while he is alive, and delaying payment could mean Mr Sharma might never enjoy the benefit of the judgment.
The judge said the overall balance of convenience favours Mr Sharma.
“It is very rare to stay a money judgment,” said the judge on November 24.
“Plaintiff will injuriously be affected if the stay is granted, considering his self-employment was lost due to the injury to his hand that deprived him driving heavy vehicles.”
Justice Amaratunga has also ordered the cost of the application of $1000 to be paid within 21 days.
