State Assurance Corporation v Fontaine (SCA 41 of 1996) [1997] SCCA 37 (5 December 1997)
The appellate court found the original awards for pain and suffering and loss of future earnings to be excessive and altered them to SR15,000 and SR25,000 respectively.
Source-derived case information.
- Citation
- [1997] SCCA 37
- Parties
- Appellant: State Assurance Corporation of Seychelles; Respondent: Gustave Fontaine
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 41 of 1996
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Damages, Personal Injury, Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State Assurance Corporation of Seychelles
Appellant
Gustave Fontaine
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 quantum of damages for pain and suffering
- 2 quantum of damages for loss of future earnings
Ratio Decidendi
The appellate court found the original awards for pain and suffering and loss of future earnings to be excessive and altered them to SR15,000 and SR25,000 respectively.
Court Disposition
appeal allowed in part
Orders
- award for pain and suffering, anxiety, distress and discomfort altered to SR15,000
- award for loss of future earnings altered to SR25,000
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL STATE ASSURANCE CORPORATION OF SEYCHELLES APPELLANT GUSTAVE FONTAINE • RESPONDENT VERSUS Goburdhun, P., Silungwe & Adam JJA) Civil Appeal No. 41 of 1996 Mr. K. Shah for the Appellant Mr. P. lioulle for the Respondent JUDGMENT OF THE COURT Appeal is allowed as it relates to (1) award for pain and suffering, anxiety, distress and discomfort which is altered to SR15,000, (2) award for loss of future earnings which is altered to SR25,000. Reasons to follow. Dated at Victoria this day o 14,\- 1997. ....... 14. GOBURDHUN A. SILUNGWE M. A. ADAM PRESIDENT JUSTICE OF APPEAL JUSTICE OF APPEAL ►