$.9M for death
By AZARD ALI Tuesday, July 24 2012
AN INSURANCE company has agreed to pay the father of a University of the West Indies economics student, who was killed in an accident five years ago, the sum of $900,000 as full and final compensation for the sonís death.
In a Consent Order drawn up before Justice Judith Jones in the San Fernando High Court last week Wednesday, attorney Asaf Hosein and attorneys for Presidential Insurance, agreed to the sum being paid to Ali Hosein, for the 2007 death of his son Avinash Imran Hosein.
Avinash, 21, was a second-year student pursuing a Bachelor of Arts degree in economics. On November 27, 2007, Avinash was crossing Evans Street near the corner of Evans and Watts Streets in Curepe, when a car struck him. He was rushed to Mt Hope Medical Complex where he subsequently died.
On behalf of the deceaseís father, attorney Hosein sued the authorised driver of the vehicle, Remmie Martin. Hosein also sued the actual driver Cyril Martin, as well as the insurance company Presidential Insurance, for damages.
The Martins were the first and second named defendants in the lawsuit while Presidential Insurance was the third named defendant. The lawsuit alleged that the driver had driven the car in such a manner that he failed to apply brakes in time.
It also contended that the driver failed to take heed of pedestrians crossing the street and in particular, the deceased Avinash Hosein. The lawsuit further contended that the driver failed to take heed and use the necessary precaution seeing that the University of the West Indies was nearby and that a lot of students, in particular the deceased, would be walking along the roadway and crossing the said road.
The case came up for hearing before Jones in the San Fernando High Court and attorneys for the insurance company, agreed with attorney Hosein, to a monetary settlement.
Jones ordered by consent, that there be judgment for Ali Hosein against the third named defendant ó Presidential Insurance. It was also ordered that the first, second and third named defendants do pay Ali Hosein damages agreed in the sum of $900,000.
It was further ordered that the first, second and third defendants do pay Ali Hoseinís legal cost of $55,825.