Mohammed v Baboolal

• Jurisdiction: Trinidad & Tobago
• Judge: Kelsick, J.
• Judgment Date: 31 January 1966
• Neutral Citation: TT 1966 HC 1
• Docket Number: No. 495 of 1962
• Court: High Court (Trinidad and Tobago)
• Date: 31 January 1966

High Court

Kelsick, J.

No. 495 of 1962

Mohammed

and

Baboolal

Appearances:

Dyalsingh for plaintiff;

Wells for defendant.

Negligence - Traffic Accident — Liability — Damages to be awarded under s.41 Judicature Ordinance, Cap. 3, No. 1

Negligence - Damages — Damages to be awarded under s.10 of the Compensation for Injuries Ordinance.

Facts: Defendant had knocked down the appellant's son. As administrator of the deceased's estate, the appellant claimed damages against the defendant for negligence. Claim made under section 41 of the Judicature Ordinance, Cap. 3, No. 1.

Facts: Defendant had knocked down the appellant's son. As administrator of the deceased's estate, the appellant claimed damages against the defendant for negligence. Claim made under section 10 of the Compensation for Injuries Ordinance.

Held: Pursuant to s. 29 of the Supreme Court of Judicature Act, 1962 blame for the accident is apportioned 75% to the deceased and 25% to the defendant. Damages under the Judicature Ordinance for loss of expectation of life is priced at $1,500. This sum will however have to be reduced by 75%. Judgment for the plaintiff.

Held: No award under s. 10 of the Ordinance can be made. Not shown that plaintiff suffered any pecuniary loss as a result of the death. Neither was there any evidence that the deceased had any dependants.

Kelsick, J.

1 This is a running down action in which the father of an 11 year old boy, Mustaque Ali, is claiming damages against the defendant for his alleged negligence on 26 ^th February, 1960 in the driving of his Consul motorcar No. HE. 4034 which collided with the boy and caused his death on the same day. The accident occurred shortly after 8 a.m. on 5 ^th for Street, Barataria, a straight road for a distance of over half a mile, and 25 feet wide. Impinging directly on the North of the road is a low wall about 18” to 24” high and 12” wide at tile top; and abutting between it on its northern side and the railway line further to the north is a gravel path about 8 feet wide. On the south of the road is a wide pavement. The speed limit of cars on the road was 30 miles per hour. The road is used by motorists to escape the congestion on the Eastern Main Road; and it generally carries heavy traffic around 8 a.m. on a weekday.

2 The following are the facts, which I found from the evidence.

3 The deceased was travelling on foot from West to East, walking briskly or trotting and balancing on the wall, with at least one of his hands up raised. On his left were, his brother, Hasnath Mohammed, and their cousin Muntas Ali; and closely in front or behind them were two other boys. They were on their way to school.

4 The defendant drove his car in an Easterly direction along the road, about 4 to 5 feet from the wall. As he reached about 5 to 6 feet from the deceased the latter toppled off the wall and fell in the path of the car. The defendant pulled to his right. The left head lamp and adjoining part of bonnet of the car collided with the deceased and he was dragged a few feet nearer to the middle of the road and the car stopped about 30 feet further East on the road.

5 Alexander Crease, an employee at the Port Authority, was driving his car in the opposite direction along the road and witnessed the accident just as he was about to pass the defendant's taxi. To avoid colliding with the taxi as it veered to its right, Crease had to stop his car.

6 The plaintiff called as a witness a young man called Ramdeo Manwah. I did not believe that he saw the accident. His evidence was to the following effect. He was riding his bicycle in a Westerly direction to his place of work, which was three quarters of a mile from the scene. He was employed as a labourer with the Malaria Division and was due to commence work at 8 a.m., but on this day...