Court orders compensation payment for Varavu family

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THE family of a garbage collector from Varavu, Ba who died in a road accident six years ago is thankful after a settlement of about $85,000 was reached by the High Court in Lautoka last week.

Jai Ram Sharma, 45, died in the accident while he was working as a garbage collector for the Ba Town Council.

He was hit by a Fiji Transport Company Ltd bus driven by Al Jameer Ali along the King’s highway.

His family, led by his wife Bhagwati Sharma, sought compensation and special damages from the bus company in 2016.

Three years later, the family were emotional when news of the court’s decision to award the family $84,763 was delivered on February 6.

Ms Sharma said she went through a hard time after her husband’s passing.

“We still miss him very much and we couldn’t really have any kind of peace while the case was going on,” she said.

Her youngest son Divnesh Ram Sharma said he was only 17 at the time of his father’s death.

“I remember how I had only five days before sitting for my FSLC exam,” he said.

“It was hard for everyone because my father was such a hardworking man.”

Now a Fiji National University graduate, Divnesh says he hopes he has made his father proud.

“I have to thank our lawyers as well for representing us and helping us with this case.”

The family’s lawyer, Atish Narayan, said they were satisfied with the court ruling.

“We are quite happy and we do hope that the two defendants pay the compensation so that we could finally put the matter to rest,” Mr Narayan said.

“This is also a way for the family to find some peace and solace after going through such an ordeal.”

In his judgment, Justice Mohammed Mackie said Ms Sharma had been awarded $24,000 from the Ba Town Council to settle the claim by the mother of three.

He said however, Ms Sharma could not prove that the council was negligent in providing a safe environment for the deceased, but she had proved that the driver was 90 per cent to blame for causing the death of the late council worker.

Justice Mackie ordered that Fiji Transport Company Ltd and Mr Ali pay a sum of $84,763 to Ms Sharma for funeral expenses and loss of earnings as a result of her husband’s death.

The bus company has 42 days to appeal the judgment.

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