State must pay $125k to landscaper hurt in Caroni Swamp boat collision

THE State has been ordered to pay nearly $125,000 in compensation to landscaper Manohar Mahabir, who was seriously injured when a Ministry of Agriculture, Lands and Fisheries vessel collided with his fishing boat in the Caroni Swamp in July 2017.

High Court Master Sherlanne Pierre assessed damages after Mahabir secured a default judgment against the State, following its attorneys' failure to file a defence within the required timeframe.

The collision occurred in an area known as the Blue River, when ministry officials, reportedly in pursuit of an unidentified vessel, exited the Red Drain and crashed into the flat-bottom fishing boat in which Mahabir was a passenger.

The impact left Mahabir with multiple injuries, including facial fractures, severe swelling and permanent facial scarring.

Mahabir was taken to the Eric Williams Medical Sciences Complex in Mt Hope. Though he was discharged the following day, needed major surgery at the Port of Spain General Hospital, including the insertion of titanium mesh to repair the bones of the rim of his eye socket or orbital floor.

His recovery left him unable to work for seven weeks, during which he endured significant pain and discomfort.

Mahabir initiated a lawsuit against the State, obtaining a default judgment when the State’s defence was not filed on time. State attorneys later sought relief from sanctions to participate in the damages assessment, but Master Pierre denied their application.

Mahabir was awarded $85,000 for his pain, suffering and trauma, and $15,000 for his lost earnings during his recovery. The State was also ordered to cover all his legal expenses.

In support of his claim, he said the collision had lasting psychological and emotional effects on Mahabir.

According to his lawyers, Saddam Hosein and Kavita Sarran, the trauma from the accident left him unable to return to fishing, a once-enjoyable pastime. Previously, Mahabir spent weekends fishing in the swamp with family and friends.

“The sight of boats triggers painful memories, leaving him anxious and unable to enjoy fishing as he once did,” his attorneys said.