A woman knocked down by a motorist while window shopping in Sliema four years ago was awarded almost €116,000 in damages.
The victim, a Polish national who was 36 at the time of the accident, was on holiday in Malta with her mother and was strolling along St Mary Street when a Ford Kuga, driven by Kevin Plumpton, mounted the pavement and knocked her down.
The woman, a graduate in sports education from the University of Ljubljana, was married and a housewife at the time of the incident on April 13, 2018.
She suffered grievous injuries, including bone fractures, dislocated hips as well as damage to her back and pelvis.
She was unable to walk for quite a long time and was left suffering a 25% permanent debility.
The victim filed civil proceedings for damages.
The driver did not contest responsibility for the accident and the First Hall, Civil Court, presided over by Mr Justice Toni Abela, observed that the facts spoke for themselves.
The purpose of awarding compensation for damages was to place the injured person, as far as possible, in the same financial position he/she was in prior to the accident.
More recently, courts have adopted a wider interpretation of the concept of damages by including not only financial considerations but also other activities related to sports and intimate relationships which were likely to be impacted as a result of the injuries suffered.
Turning to the facts at hand, Mr Justice Abela observed that the victim had last worked in 2014, earning a minimum wage of €900.
At the time of the incident, she had been out of gainful employment for some years.
But she was a healthy person, without any serious health issues that could inhibit her from leading a normal life, the court said.
Moreover, the court could not ignore “the chances and changes of life”.
The fact she had not worked for several years did not exclude her right to compensation for permanent damages on account of missed future opportunities.
A medical specialist confirmed that the injuries suffered by the victim could precipitate ankle discomfort when walking on uneven ground, interfere with normal childbirth and induce occasional back pain.
She was certified with a 25% permanent debility that was not contested by the defendant.
The court rested on that percentage when calculating compensation and also stated that wages were to be calculated in terms of Maltese law since the accident took place in Malta.
According to the National Statistics Office, the average pay was €1,613, observed the court.
Considering that the court was basing its calculations on the average rather than the minimum wage, it was not deemed necessary to provide for monetary inflation.
All factors considered, the court established compensation at €115,709 payable by the defendant who was also to shoulder legal costs. The driver is a lawyer and a former PN MEP candidate.