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(a) Damages in excess of $50,000 for personal injuries, loss and damage to motor vehicle # PDD 3149, caused by the negligent driving of the second-named defendant of motor vehicle # PDD 2222, owned by the defendants jointly, on March 12, 1995, at Friendship Public Road, East Bank Demerara.
(b)The Chief Justice noted that, regardless of the level of negligence, this court makes the finding that the second-named defendant was driving PDD 2222 negligently, and it was the negligent driving which was wholly responsible for the collision and the consequential damage and loss.
The total special damages which the court awarded to the first named plaintiff amounted to $509,900, plus $600,000, plus $31,016, plus $100,000, for a grand total of $1,240,016.
The Chief Justice said it should be noted that the second-named plaintiff was paid her salary by her employer, and therefore suffered no loss of salary for being absent from work for medical reasons.
Nevertheless, the Chief Justice said the court sees it fit to award to her general damages in the sum of $400,000 for pain and suffering. Again, no evidence was adduced to loss of amenities.
In conclusion, the Chief Justice said that while the court dismissed the case of the first and second-named plaintiffs against the first-named defendant, the court awarded to the first-named plaintiff total damages in the sum of $1,440,016, and to the second-named plaintiff total damages in the sum of $5,179,814 against the second-named defendant.
Costs were also granted to the first-named defendant in the sum of $40,000 against the first and second-named plaintiffs jointly and severally. Costs were also granted to the first and second-named plaintiffs in the sum of $60,000 jointly and severally against the second-named defendant.
Attorney-at-law Mr. Khemraj Ramjattan represented the plaintiffs, while attorney-at-law M.F. Khan represented the defendants at the hearing.
