THE High Court has dismissed a mother’s claim against the Commissioner of Police and the Attorney-General over the death of her son, finding she failed to prove his death was work-related.
Justice Vishwa Datt Sharma dismissed Premila Permal’s civil claim arising from the death of her son, Police Constable Vinit Anand Permal, who collapsed and died on March 8, 2018.
Mrs Permal, as administrator of her son’s estate, alleged he had been overworked and subjected to work-related stress that contributed to his death.
The court heard PC Permal had worked as a police officer and was assisting with four post-mortem examinations on the day he died. He had complained of back pain and tiredness before collapsing at his workplace.
A post-mortem examination found the cause of death was coronary artery disease and ischemic heart disease.
Justice Sharma said the evidence did not establish that PC Permal’s working conditions contributed to his death.
The judge noted that medical evidence was essential to establish a causal link between employment and death in a negligence claim.
He said the post-mortem examination report recorded the conditions as not work-related and found the plaintiff had failed to provide sufficient medical evidence to prove otherwise.
The court also heard PC Permal had been a smoker and consumed kava, which the judgment identified as lifestyle factors associated with cardiovascular disease.
Mrs Permal had received a $30,000 payment under the Fiji Police Welfare Society’s private death scheme, but the court noted this was separate from workers’ compensation.
