Compensation yet to be made to 2 victims of 2008 Sigatoka bus fire

Chief Justice Salesi Temo has ordered India Insurance Company Limited and Raiwaqa Buses Limited to pay more than $125,000 in compensation owed to two survivors of the 2008 Sigatoka bus fire after it was revealed that no payment had been made yet.

The case involves grandfather and grandson, Mr Sakiusa Soli and Mr Sakiusa Soli Junior.

The pair were travelling from Suva to Nadi to attend a funeral when the bus caught fire at Naevuevu, Sigatoka, in 2008, killing 12 people.

Both respondents were ordered to make payment within 10 days from November 28 last year, but no payments have been made.

Under the ruling, the insurance company is to pay $40,000 to each plaintiff, while Raiwaqa Buses Limited is to pay the balance — $35,000 to Mr Soli and $10,000 to Mr Soli Junior.

Raiwaqa Buses Limited was also ordered to pay an additional $7,500, along with six per cent interest following the High Court judgment delivered on September 30, 2020.

Both respondents are also required to pay six per cent interest from the date the claim was filed.

India Insurance Company Limited, while conceding liability under third-party cover, later sought clarification from the Supreme Court on whether the $40,000 was to be paid as a single sum or to each plaintiff.

Chief Justice Temo said the Court of Appeal’s decision was clear — both plaintiffs were to receive $40,000 each.

He criticised what he described as a lack of respect for court decisions.

“When you question the Court of Appeal decision, which is the second highest court of the land, you are thumbing your nose,” Justice Temo said.

Counsel for the plaintiffs, Mr Daniel Singh, applied for payments to be made directly to his clients, citing their medical condition. However, the court directed that funds be paid into the trust account for disbursement.

Counsel for Raiwaqa Buses Limited, Ms Shayal Prasad, sought time to consult her clients, noting the former director had died and the current director had recently resigned.

Justice Temo rejected the request.

“I don’t care how you do it. These are court orders that must be followed,” he said.

“Every day I see your buses operating — even on Christmas and New Year’s Day. If payment is not made, I will sue him for contempt. Sell one of your buses if you must.”

He warned that if funds are not deposited within 14 days, further action will be taken.

The matter will be called again on April 13 to review compliance.