The High Court in Labasa has awarded more than $261,000 in damages to a former factory labourer injured in a forklift accident at Pinto Industries in 2019.
In a judgment delivered on March 25, Justice Savenaca Banuve found that Sharwan Kumar sustained serious head injuries after being directed to place a piece of timber under the front wheel of a forklift to help it move through a narrow passage inside the company’s Labasa factory.
The court held that the forklift was being operated in an unsafe area usually used by workers rather than heavy machinery, and found the company had breached its duty of care to provide a safe system of work.
Justice Banuve ruled that the forklift operator had acted negligently and that Pinto Industries was vicariously liable for his actions.
The company had argued that Mr Kumar was responsible for his own injuries through negligence or misconduct, but the court rejected that defence. Justice Banuve found the plaintiff had little choice but to follow instructions, saying workers in his position could not reasonably refuse such directions for fear of being sent home.
The court accepted evidence that Mr Kumar suffered permanent impairment assessed at 28 per cent and that the injury had severely affected his ability to work, care for himself and enjoy family and social life.
He was awarded $100,000 in general damages, $50,462 in special damages, $84,198.40 for loss of future earnings and $9152 for loss of future FNPF, plus interest. Total damages came to $261,708.45, with costs of $4000 also awarded.
