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Friday 19 April 2019
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Judge dismisses accident claim

A mechanic who sought compensation from a fireman and his insurance company after he received injuries to his eyes in an accident, last year, has lost his case.

Lutchman Ramcharan was instead ordered to pay Vijay Mohan’s legal bills.

Ramcharan was a passenger in Mohan’s vehicle on January 27, last year, when it was hit by another vehicle on the Toco main road at about 8 pm.

The side view mirror on the driver’s side shattered and shards of glass lodged in Ramcharan’s face.

He claimed Mohan was driving too fast and too close to the middle of the road. Neither Ramcharan, his witness nor Mohan could remember if there was a white line, but the fireman said he tried to take evasive action to avoid the oncoming vehicle that veered into his path.

Mohan said he was in the centre of his lane and was blinded by the lights of the oncoming vehicle. He said to avoid a crash, he swerved to his extreme left.

The other vehicle hit his wing mirror but did not stop.

In dismissing Ramcharan’s lawsuit, Justice David Harris said while there was a duty of care towards Ramcharan, as a passenger in Mohan’s vehicle, the evidence did not prove that he breached that duty.

Harris also said Ramcharan’s evidence was bereft of detail and failed to prove that Mohan was liable for his injuries.

Ramcharan was represented by Tara Lutchman while Michael Rooplal represented Mohan and his insurer Bankers Insurance Company TT Limited.

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