Mounac and Another v Benoiton Construction Company Ltd (102 of 2009) [2010] SCSC 26 (4 June 2010)

Mounac and Another v Benoiton Construction Company Ltd (102 of 2009) [2010] SCSC 26 (4 June 2010)

The defendant is liable for damages caused by the negligent act of its employee. Insurance settlement does not bar further recovery from the tortfeasor. Plaintiffs are entitled to damages for property loss, personal injuries, and moral damages as proven on a balance of probabilities.

Citation
[2010] SCSC 26
Parties
Plaintiff: Andrea Mounac; Plaintiff: Marylin Mounac; Plaintiff: Jourdanne Mounac; Defendant: Benoiton Construction Company Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 June 2010
Case Number
102 of 2009
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiffs
Legal Topics
Damages, Faute, Vicarious Liability, Personal Injury, Property Damage
Source Language
English
Tort Delict Damages Faute Vicarious Liability Personal Injury Property Damage

Case Brief

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Parties

Andrea Mounac

Plaintiff

Marylin Mounac

Plaintiff

Jourdanne Mounac

Plaintiff

Benoiton Construction Company Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for damages caused by its employee's negligence (faute)
  2. 2 Whether the plaintiffs are entitled to damages for property loss, personal injury, and moral damages
  3. 3 Whether insurance settlement precludes further recovery from the tortfeasor

Ratio Decidendi

The defendant is liable for damages caused by the negligent act of its employee. Insurance settlement does not bar further recovery from the tortfeasor. Plaintiffs are entitled to damages for property loss, personal injuries, and moral damages as proven on a balance of probabilities.

Court Disposition

judgment for plaintiffs

Orders

  • Defendant to pay plaintiffs Rs 70,000 as damages apportioned as specified in the judgment, together with legal interest from the date of service of plaint to the date of final payment.