Judge overules TSTT

AN appeal court judge has dismissed an application for a stay of a judge’s order for state utility TSTT to compensate one of its senior lines and instrument technicians who was seriously injured in 2013 in an accident involving a company vehicle.

In September 2017, Justice Frank Seepersad ordered TSTT to compensate Jason Balbosa, who was injured when he crashed into the median on the Uriah Butler Highway near Caroni on August 14, 2013.

In his ruling, Seepersad rejected the evidence of the company which serviced the vehicle for TSTT, as the service records said the brakes were “working good” but there was a check by the box marked “fault detected,” and held that the company was negligent, as it had a duty to provide Balbosa with a good working vehicle.

He ordered that Balbosa should be compensated for the damage and loss he suffered and referred assessment of the quantum to a Master of the High Court.

The utility company appealed and sought a stay of the judge’s order for compensation which was dismissed this week by Justice Prakash Moosai. In dismissing TSTT’s application, which would have put a hold on the assessment exercise, Moosai also ordered the company to pay Balbosa’s legal costs of $14,000.

Balbosa is represented by attorney Martin George. Sheena Ragoobar appeared for TSTT at the appeal hearing.

In his claim for compensation, Balbosa is seeking more than $1 million. The assessment hearing is expected to take place on March 28 before Master Sherlanne Pierre.