Montebello Accident, 2009: Claim Rs 20 Million to the SICOM and Swan

The accident involving a truck carrying sugar company owned the Gaiety Constance and a bus on National Transport Corporation (NTC), had four dead and 42 wounded. The collision took place at 6 am 45. Four people died: Canden Mohun (28 years), Jagmohun Beeharry (51 years), Juskaramsing Beeharry Ramhotul (62) and Jonathan Louis Faithful (21).

In its complaint, Selvina Mohun argues that her husband worked as Canden " Attendant" at Edendale Distributors Ltd and was paid a monthly salary of Rs 8192. She added that the whole family depended on his work. She said it had been "traumatized" by the death of her husband, which "affected" her pregnancy and childbirth. She claimed damages of Rs 3,131,367.

The wife and two daughters (including a minor) of Jagmohun Beeharry claiming damages Rs 4790000 the two defendants (SICOM and Swan). They recall, in their complaint that Jagmohun worked as a welder in Metinox Ltd and received a salary of Rs 25,000. They added that they had been deprived of the love and attention of a father / husband. " The plaintiffs aver that they have not only be deprived of the love, care and affection of the husband and father but that their standard of living has also been considerably affected and reduced by the drastic fall in their monthly income due to the loss of their father who was the sole bread winner of the family "

The mother of Louis Jonathan Faithful and his minor sister, for their part, claiming damages of Rs 5.605 million to two insurance companies. In their complaint, they state that the deceased worked as a mason and that all depends on his salary of Rs 20,000 families. For their part, the wife and son of Juskurrunsing Beeharry Ramhotul ask only moral damages they estimate at Rs 3.5 million.

SICOM and Swan Insurance Co Ltd also face six other claims. These were initiated by the survivors of the accident. Youaranee Motye, Vijaye Goburdhone, Noel Seeven Pillay Ayasamy, Seeta Ayasamy, Lallchand Maroam et Manesh Baneeah, who were injured in the accident on September 8, 2009, and claiming a total of Rs 3,057,031 (Rs 449,900, Rs 312 131, Rs 1,453,000, Rs 200,000, Rs 325,000 and Rs 317,000 respectively).

Two injured, Marie Jeanne Nicole and Abdool Reshad Hosenally, claiming damages of Rs 325,000 and Rs 373,700 respectively. The wife of Abdool Reshad Hosenally calls, damages of Rs 25,000. The couple Hosenally directed their claims against the NTC only.

The claims of all the survivors of the accident are to the intermediate court, except the couple Noel Seeven Pillayand Seeta Ayasamy that are before the Supreme Court. Trials are ongoing in both courts. Note that all complainants attributed the cause of the accident to the fault and negligence of the two drivers of the bus and truck.