[Photo: Nikhil Kumar]

The Chief Justice has made strict orders in a long-running case stemming from a tragic 2008 bus fire that claimed 12 lives and injured dozens.

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

The case involves grandfather and grandson, Sakiusa Soli and Sakiusa Soli Junior, who were travelling from Suva to Nadi to attend a funeral when the bus caught fire at Naevuevu, Sigatoka.

The blaze claimed the lives of 12 people.

The High Court had previously ordered both respondents to make payments within 10 days from November 28 last year.

However, the court heard that no compensation had been paid.

Under the ruling, India Insurance Company Limited is required to pay $40,000 to each plaintiff.

Raiwaqa Buses Limited must cover the remaining balance, including $35,000 to Soli and $10,000 to Soli Junior.

Raiwaqa Buses Limited has also been directed to pay an additional $7,500, along with six per cent interest following a High Court judgment delivered on September 30, 2020. Both companies are further required to pay six per cent interest from the date the claim was originally filed.

The insurance company had conceded liability under third-party cover but later sought clarification from the Supreme Court on whether the $40,000 payment applied as a single sum or individually to each plaintiff. Chief Justice Temo ruled that the Court of Appeal’s decision was clear — both plaintiffs are entitled to $40,000 each.

He criticised the move, describing it as a lack of respect for judicial authority.

Counsel for the plaintiffs, Daniel Singh, requested that payments be made directly to his clients due to their medical conditions. However, the court ordered that the funds be deposited into a trust account for proper disbursement.

Lawyer for Raiwaqa Buses Limited, Shayal Prasad, sought additional time to consult her clients, noting that the company’s former director had died and its current director had recently resigned.

Justice Temo rejected the request, insisting the court orders be followed without delay.

He warned that failure to comply within 14 days could result in contempt proceedings, suggesting the company sell assets if necessary to meet its obligations.

The matter has been adjourned to April 13 for a compliance review.

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