€55,000 awarded to heirs of accident victim
The heirs of an 18 year old man who was killed in a traffic accident in 2002 have been awarded over €55,000 in damages by Mr Justice Joseph Azzopardi in the First Hall of the Civil Court.
The action for damages was filed by the heirs of Joseph Gabriel against Jean Paul Farrugia and against Clive Ellul.
The accident occurred in March 2002 in St Andrew's Road, Swieqi and involved cars driven by Mr Farrugia and by Mr Ellul. Mr Gabriel had been a passenger in Mr Farrugia's car.
From the evidence produced, the court concluded that the accident had occurred because Mr Farrugia's car was being driven on the wrong side of the road. Mr Ellul had swerved to avoid the other car and had driven into a tree on the roadside.
The court heard that Mr Farrugia and his passengers had been drunk at the time of the accident.
Mr Farrugia was found to be responsible for the accident. However, the court noted that Mr Gabriel had not been wearing a seatbelt and that this was a factor which would impinge upon the damages award.
The court concluded by ordering Mr Farrugia to pay €55,815.49 to Mr Gabriel's heirs.
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Paula gabriel
Oct 28th 2009, 10:28
GET YOUR FACTS RIGHT.
1st: My brother was wearing a seat belt at the time of the accident, that was the cause of his injuries. As it was an old car, the seats had no headrest and that caused his death.
2nd: The driver is not paying us the money, the insurance is.
3rd: The driver was not suppose to be driving as he had a previous conviction, and he was driving drunk against the law, he was not wearing a seat belt and that saved his life, as he got thrown out of the windscreen!!!!
As for him being punished for all his life, I DONT THINK SO!!!
He left my brother to die ALONE while he was calling my mum and he fled the scene leaving him alone!!!
Was seen partying the next day.
As for the compensation, after 8 years of suffering, endless trips to the doctors, that is nothing.
I LOST MY ONLY BROTHER AND FRIEND, NOTHING WILL EVER REPLACE THAT.
Joseph Spiteri
Oct 28th 2009, 07:52
i will probably get flamed for this but this is genuinely how i feel about these matters.
1.) they were in the same car which suggests they were friends. True one person was driving but i do not think the passengers were there against their own will. It might have happened the other way round.
2.) what sort of compensation can ever replace the life of a lost one? nothing! so what is the point of taking substantial amounts of money from the driver? don't you think the driver will suffer enough - he has to live with the guilt that he was responsible for the death of his friend for the rest of his life.
just some food for thought
Juda T. Azzopardi
Oct 27th 2009, 17:32
My heart goes out nfor Mr.Gabriel's family for suffering the loss of a loved one at such age.
The reward can only be a small relief yet at the same time the lesson remains evident and huge.
I believe that one only learns when such horrible experience in life comes knocking at our own doors, and the ones left behind are the ones that have to suffer.
"Do not dtink and drive" "And always wear your seatbelt" it's that simple.