The High Court in Lautoka has awarded a record $441,656 to a boy who was severely injured after being hit by a car in April 2016 in Tavua.
Nehaal Yugveer was six years old at that time and was walking by the roadside when he was hit by a car driven by Jasneel Prasad of Vatulaulau, Ba, who was a servant or agent of Rajendra Prasad, also of Vatulaulau, Ba.
Yugveer sustained severe injuries and had a seventh cervical spine fracture, multiple ribs fracture, pulmonary contusions and blunt abdominal injuries.
He was intubated and ventilated to support major organ function for four months at Lautoka Hospital.
“The testimony of the consultant surgeon reveals that, the plaintiff (Yugveer) is a special child with extreme limitations.
He is dependent on caregiver for activities of daily living, for communication, mobilisation, eating, drinking, toileting, bathing and grooming,” stated Mohamed Azhar, Master of the High Court in Lautoka in his September 26 ruling.
“He is totally dependent on someone who can care for him. The plaintiff is studying in the school where his mother is teaching and his sister too is studying. The mother and the sister who is attending the same class have been looking after him.
“The condition of the plaintiff requires someone to look after him for the rest of his life.
“The plaintiff is entitled for damages for future nursing care, even though the service was gratuitous rendered by the family members.
“The consultant surgeon further testified that according to the last medical examination he performed on 14/10/2020, the plaintiff was noted to have severe growth retardation, malnutrition, paralysed, loss of bladder and bowel control.”
Master Azhar awarded special damages of $8000, $180,000 for pain and suffering and loss of amenities, $140,400 for future economic loss, $93,600 for future nursing care, $19,656 for cost of future care and $2000 in costs.
