Court awards $301k to 2018 crash victim's estate

A High Court judge has apportioned liability equally between two drivers involved in a fatal head-on collision on Orange Valley Main Road, Couva, awarding damages totalling more than $300,000 to the estate of the dead driver.

In a judgment on January 22, Justice Kevin Ramcharan found that both vehicles were at least partially on the wrong side of the road at the time of impact and that, in the absence of reliable independent evidence, fault should be shared equally.

“This is a case where, unfortunately, one of the parties to the accident is deceased, and where there are no other witnesses. The court, therefore, only has the benefit of the evidence of one of the parties to the accident, who would have an interest to serve.

“The court must, therefore, view such evidence with extreme care, comparing it to the documentary evidence. There is also the evidence of the accident reconstructionist who visited the scene some six years later, and the evidence of the police investigator,” the judge noted in his ruling.

The case arose from a collision at about 5.35 am on April 29, 2018, near the New Millennium Mandir, along Orange Valley Main Road in Couva, involving a Nissan Note, driven by Rishi Sankar, and an unmarked police Nissan X-Trail, driven by Kazim Ali. Sankar died from injuries sustained in the crash.

In his ruling, the judge was critical of the police investigation, finding that he relied “solely and entirely” on the account given by Ali. Justice Ramcharan said he placed little weight on the investigator’s conclusions, describing it as “completely incredible” that the officer could not explain what a key roadway marker in police photographs represented or determine the precise point of collision.

“The court finds the assertion that he does not know what the marker represents completely incredible.

“The court also finds it odd that Snr Supt Pierre could not make any determination as to where the collision occurred.

“He makes the ‘bold assertion’ in cross-examination, but does not condescend to explain why the determination could be made.

“The court, therefore, places little weight on the conclusion drawn by the witness.”

With respect to accident reconstruction evidence, the court accepted that the expert’s analysis was limited because it was conducted some six years after the crash. While rejecting parts of the reconstructionist’s conclusion about speed, the judge found that the difference in the vehicles’ weights could plausibly explain their final positions.

After reviewing photographs from the scene, the judge concluded that the impact occurred near the centre of the road, that both vehicles showed damage consistent with being struck on their left sides, and that the police vehicle was likely veering right at the moment of collision. The judge determined that both drivers were at least partially on the wrong side of the road.

“In the absence of any better or clearer evidence, the court is minded to apportion the fault in the matter equally between the drivers,” Justice Ramcharan said in his ruling.

As a result, judgment was entered in favour of Radica Sankar, administratrix ad litem of the estate of Rishi Sankar, for 50 per cent of the claim. On damages, the court reduced the claimed monthly earnings of Rishi Sankar, a self-employed welder and mason, from $8,000 to $4,000 due to a lack of supporting financial records. Using a multiplier of 16, the court assessed loss of earnings at $512,000.

The court also awarded $25,000 for loss of expectation of life and $66,125 in special damages, including $40,000 for the value of the deceased’s vehicle. The total assessed damages amounted to $603,125, of which the ancillary defendants were ordered to pay 50 per cent, or $301,562.50.

The ancillary defendants (Ali and the Attorney General) were also ordered to pay costs on the prescribed scale, assessed on the sum awarded.

Sankar’s estate was represented by Chanka Persadsingh and Tesheera Mohammed. The State was represented by Mary Davis and Nairob Smart.