Accident on a pedestrian crossing in Quatre-Bornes: A family claims more than Rs 24 million in damages

After being the victim of an accident in 2020, a 70-year-old former pharmacy technician, accompanied by his wife and son, appealed to the Supreme Court. They are demanding compensation from the motorcyclist involved as well as his insurer.

In their complaint, the family discusses the circumstances of the accident that occurred on August 26, 2020 on a pedestrian crossing along a canal linking Avenue Telfair to Avenue Belle-Rose, in Quatre-Bornes. That day, the septuagenarian was traveling on foot when he was hit by a motorcycle using this crossing reserved for pedestrians. The violence of the shock was such that he was thrown several meters before losing consciousness.

Taken by emergency services, he was rushed to Victoria Hospital in Quatre-Bornes, where he was treated for serious injuries to his right leg. Medical examinations revealed severe open fractures of the tibia and fibula. After several x-rays, surgery was performed under general anesthesia to stabilize the fractures using an external fixator.

After several weeks of hospitalization, he was able to return home on September 17, 2020, but his ordeal was far from over. Bedridden for several months, he then had to get around in a wheelchair, then with the help of crutches. According to him, the fracture consolidated in poor conditions, leaving him with permanent after-effects. A report by a consultant orthopedic surgeon concluded that permanent disability was greater than 60%.

Even today, he experiences significant difficulty walking without assistance. He suffers from chronic pain, a leg deformity and osteoarthritis in his ankle, knee and hip. He also complains of persistent back pain. A new surgical intervention could be considered, he says.

The family also highlights the consequences of the accident on their daily lives, particularly for his wife. The latter claims to have been deeply traumatized when she learned that her husband had been seriously injured. Since then, she has had to completely reorganize her life in order to take care of him. She also indicates that she made more trips to the hospital and provided him with constant assistance during his hospitalization.

Their son, established in Canada, specifies that he left his job at Citi Bank in order to return to Mauritius to support his parents for several months. He stayed on the island until September 2021 before landing a new job in Canada two months after his return.

The plaintiff and his family, represented by Messrs Veer Beeltah and Arzina Peeroo (attorney), attribute full responsibility for the accident to the motorcyclist. They accuse him in particular of having driven on a pedestrian crossing at excessive speed, without caution or consideration for other users.

They thus demand Rs 24,51