Accident: The State Must Pay Rs 1 Million to Motorcyclist

11 years, 10 months ago - 13 January 2013, lexpress.mu
Accident: The State Must Pay Rs 1 Million to Motorcyclist
He was on a motorcycle when he was hit by a police vehicle. Since Kendish Ramnananshaw, merchant dholl-puri, suffers from a physical disability and can not work.

work.

Friday, January 11, the Supreme Court, Justice Gérard Angoh ordered the state to pay back Rs 978,937 by way of damages for the harm suffered. The incident dates back to the evening of 12 November 2002. In court, the victim said she had come up the street and Labourdonnais Wellington, Port-Louis, when she noticed that the lights were inoperative.

Kendish Ramnananshaw said he continued on his way and the meter showed 40 km / h when, suddenly, the police vehicle hit his motorcycle from behind. Following the impact, he was thrown several meters away. 
Result: the victim had to undergo three operations on his leg in order to walk again, followed by a long period of rehabilitation.

Kendish Ramnananshaw was also forced to go to South Africa for surgery. 
dholl The Merchant of puri-esteem, therefore, have suffered huge economic losses, in medical costs, among others. The victim also claimed that she was forced to abandon his business, which brewed a turnover of Rs 2500 per month.

It therefore demanded Rs 500,000 for physical disability, Rs 350,000 for moral damages, Rs 128,937 for medical expenses and interest related to the work stoppage, or Rs 1.4 million in total. For its part, the State argued that the motorcyclist was negligent.

Argument has not convinced the judge Angoh, which held that the mobility of the victim has been reduced by 30%, as indicated by a medical report obtained in South Africa. He also agreed that the priority was Kendish Ramnananshaw borrowing Labourdonnais street.

The victim was defended by Mr. Mohamed Yousuf, Senior Counsel, and Mr. Cader Mallam Hassam, confessed.