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Plane crash survivor awaits $10M payment
-five months after Appeal Court upholds judgment against former boss
An injured, Troy Daniels shortly after the accident in 2014.
Plane crash survivor, Troy Daniels is still awaiting payments almost five months after the Appeal Court upheld a $10M award granted as part of a judgment against his former employer businessman, Bernard Singh.
Daniels, a father of three from Bachelor’s Adventure, East Coast Demerara was granted a $71 M judgment in the High Court following a civil proceeding against his former employer to recover millions worth in damages.
The judgment came some five years after he survived a plane crash in the hinterland.
In his statement of claim, Daniels said that he suffered serious injuries including a dislocated femur, and right hip —injuries to the lower spine and was left unconscious for some time.
Justice Sandra Kurtzious ruled in favour of the applicant (Daniels) ordering that he be paid the sum of $71, 440,000 for damages he suffered. Singh and his attorneys had however filed an appeal in hope that the judgment would be overturned. The parties had also asked for stay the judgment of the High Court until the hearing and determination of a substantive appeal case.
Last October, Justice of Appeal Dawn Gregory-Barnes granted the request for stay but ordered that the respondent (Daniels) be paid part of the judgment (some $10M) until the hearing and determination of the appeal.
The partial sum of $10M was initially awarded at the level of the Supreme Court, during an interlocutory proceeding into the matter.
During the proceedings, Daniels was represented by Attorney-at-law Ronald Burch-Smith, while Cameron and Shepherd, Attorney-at-law, Hari Narayen Ramkarran, represented the London-based company, Walton and Morse, which insured the plane.
However, ever since the Appeal Court granted the interim judgment of $10M, the money is yet to be released. Kaieteur News understands that the matter is due to a refusal by a local insurance company to honour the judgment.
As a consequence, Kaieteur News understands that the Court has pending applications for enforcement against Mr. Singh. The Court has seized his Nissan pickup and has a pending application to seize his house.
There is also another contempt of court application for failing to pay.
In March of 2014, Daniels, was among a group of miners, who were on plane bound for an interior location when it crashed on the side of a mountain at Arau, Region Seven.
The plane was being piloted by Singh, his former employer and the owner of Piper Cherokee N87619 aircraft. The businessman has since been compensated for the damaged plane, which was covered by insurance
However, Mr. Daniels and his colleagues survived the crash, they were left hospitalised and nursing several injuries.
Daniels listed these circumstances among the basis of the lawsuit filed against Singh.
He had noted that when the incident occurred, the businessman was transporting him and his colleagues Leon Bristol, and Ivor Williams, to Ekereku Village, Region Seven where he (Singh) owns a dredge operation.
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