Court awards $265k to Labasa labourer injured on the job

Justice was served for a labourer who tragically suffered a head injury at his Labasa workplace in 2019.

After a seven-year wait, Sharwan Kumar has been awarded $265,708.45 with interest by the High Court in Labasa this week.

Mr Kumar received compensation for general damages, special damages, loss of future earnings, loss of Fiji National Provident Fund (FNPF), as well as interest on both general and special damages.

Residing in Siberia, Labasa, Mr Kumar was employed as a labourer in the plastics department at Pinto Industries PTE LTD when the incident occurred on May 24, 2019.

During the incident, he was instructed by a forklift driver to pack a piece of timber underneath the left front wheel of the forklift to help it gain balance and move out of a narrow passage.

During the process, the forklift suddenly shifted from its original position, causing Mr Kumar’s head to be pressed against a side wall, severely injuring him.

Judgment

High Court Judge Savenaca Banuve on Wednesday awarded the plaintiff damages in the sum of $261,708.45, with a further $4,000 summarily assessed in costs.

Justice Banuve delivered the judgment in terms of the Law Reform (Miscellaneous Provisions) (Death and Interest) Act (Cap 27), as amended.

The court found the injuries were caused by the negligence of the defendant company at its factory in the Vakamasisuasua Subdivision in Labasa.

Mr Kumar was represented by plaintiff lawyer Mohammed Tanweez Hussain of Sarju Prasad Esquire Law Firm, while the defendant was represented by Gordon and Company.

The court regretted the delay in the delivery of the judgment, which was attributed to the defendant’s counsel being unable to file written submissions due to urgent medical treatment in Australia.

Counsel was only able to file written submissions in September 2025.

Seven witnesses appeared during the trial: Mr Kumar, his wife, a supervisor, a neurosurgeon, an accountant, a construction supervisor, and an individual, Chander Hash.

Supervisor Nitya Nand Prasad testified that he was informed of the incident and later saw Mr Kumar unconscious, with workers attempting to revive him by sprinkling water.

He also informed the court that the accident occurred on a pathway in the plastics factory not normally used by forklifts, but which was used on the day of the incident.

Emotional Toll

Mr Kumar described the outcome as a relief, saying the compensation would support his family’s livelihood.

“I can now breathe a sigh of satisfaction that justice was served,” he said, after 13 years of service with the company.

He said the struggles he faced over the past seven years would never be forgotten.

“The pain I endured was so much, I cried many times recalling the scene of the incident,” he said.

Mr Kumar said he remained patient throughout the process, despite harbouring doubts about whether compensation would be granted.

“I had a lot of doubts because of fear of my employer and the contacts he had to surpass my case,” he said.

The 47-year-old father of two said he is now unable to engage in future employment because of his physical condition.

“I can’t stand in the sunlight for long and have to use crutches for walking because of my limp,” he said.

He said the head injury had led to negative changes in his health, including behavioural and temperament issues.

“I can’t undertake any physical activities or work following my injury,” he said.

Mr Kumar acknowledged the support of his wife, Indra Wati, his brother, and his lawyer throughout the ordeal.