For Injury in a Bus: Supreme Court Upholds Damages of Rs 302,000
17 December 2012 - Défi Media Group
The National Transport Corporation (NTC) and the State Insurance Company (SIC) must pay damages of Rs 302,000 to Kistnensamy Perianen.
This was decided after the Supreme Court dismissed the appeal of the two organismes parapublics.
Kistnensamy Perianen was awarded damages of Rs 302,000 after suffering knee injuries May 6, 2005. That day, he traveled on a bus of the NT?. It is mounted Ollier Street, Quatre-Bornes, and had to go to Port-Louis. However, he was injured by a metal bracket that is being detached from the seat in front of him.
According Kistnensamy Perianen, he was no longer able to perform his job as a painter as a result of these injuries. Its precarious financial situation has also led to depression. The Supreme Court had ruled his favor and concluded that the NTC and the SIC were responsible for this accident. These two organismes parapublics, however, had challenged the decision of the Supreme Court. They had challenged the findings of the trial judge and the amount of compensation paid to Kistnensamy Perianen.
The NT? and the SIC had indicated that he was physically impossible for an accident to occur in the circumstances described by Kistnensamy Perianen. In addition, the ticket that he had given to the police referred to another bus.
The Senior Puisne Judge Kheshoe Parsad Matadeen and Nirmala devat judge concluded, however, that there was no reason to reverse the decision of the judge at first instance.