The High Court in Suva has awarded a man $83,628 in damages to Donald Sundram Mani following a 2017 road accident on Queens Highway near Nawai Police Post, Nadi.
The ruling, delivered by Justice Deepthi Amaratunga on August 27, found both the defendant, Vinod Krishna, and Doris Mani, the plaintiff’s Donald Sundram Mani daughter equally liable for the collision that injured Mr Mani.
On July 17, 2017, Mr Mani, a passenger in a vehicle driven by Doris Mani, was injured when their vehicle hit an electric post after swerving to avoid Mr Krishna’s vehicle.
An independent witness confirmed Mr Krishna’s failure to check for oncoming traffic, forcing Ms Doris to veer off the road.
However, Ms Doris’s excessive speed and inexperience contributed to her loss of control, leading to the crash 3.8 meters off the road. The court assessed 50% contributory negligence to both parties.
Mani, 56 at the time, suffered a C6-C7 subluxation, requiring surgery with titanium plates and a nine-day hospital stay. His adventure and amusement business, earning $350 weekly, closed due to his injuries.
The court awarded him general damages of $75,658, future earnings loss of $91,000, that totalled $167,255, which was reduced to $83,628 after contributory negligence.
Mr Krishna must pay the damages and costs within 21 days.
