8th Oct 2018
This was an appeal for the Supreme Court of Mauritius and was heard by the Privy Council.
Katherine Deal and Emily Moore acted for the Respondent.
“The University of Technology, Mauritius (“UTM”) appeals with the permission of the Supreme Court of Mauritius against a judgment of the Supreme Court which held UTM liable in damages to the respondent, Ramraj Gopeechand. The claim for damages, which was pleaded as a breach of contract, was for injuries which he sustained in a road traffic accident on 9 March 2007 when he was being driven home after work by another employee of UTM, Mr Khemraj Singh Ramtohul. The accident was the result of “faute” (or negligence) on the part of Mr Ramtohul, who was criminally prosecuted as a result and had to pay a fine.”