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A 39 year old Fiji man who narrowly escaped death but ended up in a wheel chair as a result of injuries from a car accident eight years ago, has been awarded more than $213,000 in compensation by the High Court for his troubles.
Justice Sosefo Inoke said while delivering his judgment that Aklesh Narayan of Lautoka was not just a victim of the accident but went on to lose his seven year old son because he could not afford the child’s medical bills as a result of the injuries.
On October 6, 2001, Narayan was a passenger in a vehicle which tumbled three times in Lautoka, causing serious injuries to his forehead, hands and legs, leaving him unconscious for more than 24 hours following the accident.
The driver Krit Pillay was allegedly under the influence of alcohol and admitted his fault in the accident. The court accepted that he drove negligently.
In his ruling, Justice Inoke noted that Narayan who was a panel beater was hospitalised for two weeks and had to undergo surgery to have plates inserted in his left hand after he suffered severe fractures and was in a wheel chair for six months.
Justice Inoke said Narayan needed assistance to walk and still uses crutches, is in constant pain due to the injuries and that his relationship with his wife had been affected.
He highlighted that Narayan's son died at age seven in February 2005 because Narayan could not afford to pay for the child’s medication and that Narayan is facing depression because he cannot run or play soccer with his other children.
Judge Inoke ruled that Pillay, an acountant and tax agent, pay Narayan $80,000 in damages for pain and suffering, $78,000 for loss of earning capacity, $16,640 for compensation for care, interest damages at $38,400 and $900 in special damages.
Pillay is also to pay Narayan an additional $1,500 in court costs.
