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Court grants woman more compensation

Nanise Loanakadavu
Saturday, February 16, 2013

A WOMAN who was hit by a bus in 2006 at the Suva Bus Stand will receive about $100,000 for the injuries she sustained from the accident.

Artika who was 18 years old at that time was a student at the Fiji National University.

Her legs were run over by a bus that belonged to the Nasese Bus Company Limited.

The Court of Appeal last week ordered the bus company to compensate Artika with about $100,000.

Acting president of the Fiji Court of Appeal Justice William Calanchini in his judgement said the trial judge who awarded the victim $65,0000 for pain and suffering in 2010 was not a fair compensation.

"I do not consider that sufficient regard has been given to the future pain and suffering that will be suffered by the respondent due to the progressive arthritis," Justice Calanchini said.

"She continues to complain of pain and there is unchallenged medical evidence that is consistent with the pain that she claim she is experiencing," he said.

He also agreed with the grounds of appeal that the learned trial judge declined to award the victim any amount of future loss of earnings.

Justice Calanchini also agreed that the collision was caused by the negligence of the bus driver.

Artika was preparing for her final exams when the accident occurred, which left her partially disabled.

She is now married with a child.





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