Man to get $180,800 in damages

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The High Court in Suva had ordered the Nasese Bus Company Ltd and one of its drivers pay $180,800 in damages to a man who was injured in an accident on August 25, 2012.

Ratu Semisi Baro had claimed damages for injuries he sustained after the Nasese bus driven by a Shalendra Singh hit his vehicle at the junction of Daniva Rd, leading towards the Valelevu junction.

Mr Baro had an open fracture on his right forearm that needed surgery.

Dr Alvin De Asa testified in court the nerve was also injured in the forearm and that Mr Baro’s bone injury got infected and if not controlled it could have lead to amputation of the hand.

He also said the right hand was Mr Baro’s dominant hand and he could only do light work.

“There is no formula to follow in awarding damages for pain and suffering,” said Justice Lyone Seneviratne in his April 14 ruling.

“There is also no relationship between pain and money.

“In this case the evidence clearly show that the plaintiff (Mr Baro) is still suffering from the injuries sustained due to negligent driving of the second defendant even after about ten years of the accident.

“After taking all these factors into consideration the court is of the view that an award of $180,000 as damages for pain and suffering would be reasonable.”

The court awarded $200 for transportation and $600 for medication.

The defendants were also ordered to pay $3000 in court costs to Mr Baro.

The payments have to be made within 30 days of judgment.

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