Survivors of one of Fiji’s deadliest road tragedies are finally on a path to compensation after an 18-year legal battle saw two of them obtain a decisive ruling by the Supreme Court of Fiji yesterday.
In a tragic bus fire in August 2008, a Raiwaqa Buses Ltd vehicle burst into flames near Sigatoka. Twelve passengers died and about 50 others suffered varying injuries.
Two survivors — Sakiusa Soli and his grandson Sakiusa Soli Jr — were part of the group that took action against the driver, Kaminieli Tuimavana, and his employer, Raiwaqa Buses Ltd, claiming negligence in both the operation and maintenance of the bus.
Tuimavana had earlier pleaded guilty to 12 counts of manslaughter and was sentenced in 2013.
Suva lawyer Daniel Singh, representing Sakiusa Soli Sr and Sakiusa Soli Jr, said others had filed their actions and there were about 60 similar cases before the court relating to the same matter.
Insurance battle
Central to the lengthy legal dispute was whether Raiwaqa bus company’s insurer, New India Assurance Company Ltd, was liable to cover the passengers’ claims under its insurance policies.
In a 2020 High Court ruling, the grandfather and grandson were awarded general damages of $50,000 and $75,000 each. However, the High Court said New India Assurance Company Ltd was not liable to pay, prompting Raiwaqa Buses Ltd to appeal.
The Court of Appeal ruled in November last year that New India Assurance Company Ltd must pay $40,000 to each victim under its third-party policy. This was upheld by the Supreme Court.
Raiwaqa Buses Ltd is required to make up the rest of their award — another $10,000 to the grandfather and $35,000 to the grandson respectively — along with $7500 in costs, all subject to 6 per cent interest.
Cause of the fire
Evidence presented in court revealed the fire was caused by a displaced battery cable that rubbed against engine components, triggering a short circuit. Fuel leakage from a faulty pipe further intensified the blaze.
Mechanical experts testified that proper maintenance and regular checks could have been identified and prevented the fault.
Although the bus had a valid Certificate of Fitness issued months earlier, the court found this alone did not guarantee roadworthiness, particularly given the wear and tear associated with public transport vehicles.
Failures identified
The court highlighted several critical issues, including inadequate inspection procedures, possible poor maintenance, and mechanical defects affecting braking and gear operation.
Passengers had reportedly raised concerns during the journey, and the driver had trouble controlling the bus as the fire spread. No fire extinguisher was aboard the bus.
The Supreme Court ultimately ruled that while errors were made in earlier legal reasoning, the conclusion that the bus was operating in an unsafe condition remained valid.
Compensation ordered
Chief Justice Salesi Temo, who presides over the Supreme Court yesterday, told the court that “no single cent” has been paid in respect of the Fiji Court of Appeal decision in November last year.
“People don’t respect court orders,” he said.
“When decisions are made, respect court orders.
“The court is not a toy to be played with.”
Justice Temo gave both New India Assurance Company Ltd and Raiwaqa Buses Ltd 14 days to make payment into the Chief Registrar’s Trust Account.
He bluntly told lawyer Shayal Prasad, representing Raiwaqa Buses, that if the company did not have the money, then “sell one of the buses”.
“Pay within 14 days — that’s an order. Cough up the goods, abide by the law.
“If they don’t, I will deal with them for contempt of court.”
The case has been adjourned to April 13 for review of the payment compliance.
