Daughter awarded damages, costs

IN 1967 66-year old Bridgeragie, a vendor was sitting on a pavement in Albouystown when a motor car owned by Mine Workers Union Leader, Winston Verbeke mounted the pavement, killing the aged woman in the process.

Judge Akbar Khan nicknamed the “Angry God” who tried the case, awarded judgment to the daughter-plaintiff, Mini Persaud, in the sum of $2,550.00.
The deceased, and mother of the plaintiff, was sitting on a pavement when a motor vehicle which was owned by the defendant and operated as a hire car by his agent, Johnson, mounted the pavement, struck the deceased and pinned her under it.

As a result of the injuries received she died within an hour. At the time the car mounted the pavement, one Eleazer was driving with the permission of the defendant’s agent who had engaged his services, in order to assist the agent to extricate the rear bumper of the car which was hooked on to a refuse box and the rear wheel which was fastened in the mud.

The defendant admitted that Johnson was employed by him as his agent to drive the car, but stated that he was the only person authorised to do so and that as the defendant did not give Eleazer the authority to drive his car, the action of his agent in permitting Eleazer to drive was outside the scope of his authority or employment.The evidence also disclosed that the plaintiff had worked jointly with the deceased as a fruit and provision vendor, and it was submitted that the plaintiff was not a dependent.

HELD:
(i) the agent Johnson acted within the scope of his authority in obtaining the assistance of Eleazer to extricate the car. It was a joint operation which was negligently performed by Eleazer;

(ii) the defendant was vicariously liable for Johnson’s negligence in not ascertaining whether Eleazer was a competent driver. Johnson’s act was an improper mode of performing his duties;

(iii) the plaintiff was not a dependent, and was entitled to an award of damages in the sum of $1, 800.00 for loss of expectation of life under the law Reform (Miscellaneous Provisions) Ordinance.
Judgment for the plaintiff.
A.S. Manraj, S. C., for the plaintiff.
B. E. Commissiong for the defendant.

Delivering the judgment Justice Khan said: The Plaintiff is the administratrix of the estate of Bridgeragie, deceased. She is the only child of the deceased who died on the 17th of October, 1967, from injuries arising out of a motor car accident while she was sitting on the pavement at the corner of James and Callender Streets, Albouystown, Georgetown.

In her aforesaid capacity and for her own benefit the Plaintiff claims damages in excess of $500.00, under the Law Reform (Miscellaneous Provisions) Ordinance Cap. 4 and Damages and pecuniary compensation in excess of $500, under the Accidental Deaths and Workmen’s Injuries (Compensation) Ordinance, Cap. 112, as amended.

The deceased was a 66-year-old fruit and provision vendor. She resided at Lot 22 Callender Street, Albouystown, and carried on a business as aforesaid on the pavement at the corner of James and Callender Streets, Albouystown, under the shed of a shop.

On the 17th October, 1967 at about 09:00 hrs while the deceased was sitting on the pavement and attending to her business, motor car HM 112, owned by the defendant and operated by his agent mounted the said pavement and collided and pinned the deceased under it. The deceased sustained extensive injuries resulting in her death, within an hour.
The evidence of Mohamed Haniff –the only eyewitness who testified – was undisputed. His evidence disclosed that motor car HM 112, was on the southern parapet in James Street near to Callender Street.

The defendant’s rear wheel was stuck in the mud and the rear bumper hooked on the Mayor and Town Council refuse box, which was about 8 feet by 8 feet by 12 inches high on the Eastern parapet of Callender Street, and James Street.
Sitting behind the steering wheel with the engine beating heavily was Herby Eleazer. At the same time James Johnson – the admitted agent of the defendant – was outside and behind the car lifting the bumper in an effort to extricate it from the refuse box, while the driver was accelerating forward.

In the course of the joint exercise, the car moved forward and backward again and again, and finally it bounced forward and mounted the pavement where the deceased was sitting, and pinning her under it . Haniff who was looking on at the operation went closer and saw Eleazer leaning against the steering wheel as if he was hurt.
Haniff, James Johnson and one Leacock then lifted the car and the deceased was pulled out from under it. She was bleeding and unconscious.

The police ambulance took her away shortly afterwards to the Georgetown Hospital, where she died before 11.00 a.m. The account given by Haniff is uncontradicted He impressed me as a credible witness and I believe and accept his evidence in its entirety.
On the question of the plaintiff being a dependent I agree with Mr. Commissiong‘s submission. I find that she worked jointly with the deceased, and was never a dependent.

On the question of damages for loss of expectation of life and consequential loss under the Law Reform (Miscellaneous Provisions) Ordinance Cap; 4: I have considered the relevant authorities both local and English .

Having regard to the deceased age: she was 66-years-old at the time, and other relevant matters .
I award the plaintiff damages in the sum of $1,800.00 with costs fixed at $750.00.
Judgment for the plaintiff.