Skip to playerSkip to main content
  • 2 years ago
Lawyers for two of the deceased LMCS divers in the Paria diving tragedy are seeking five million dollars for each for the families they represent.

At a news conference on Tuesday, attorney-at-law Prakash Ramadhar who is representing relatives of divers Fyzal Kurban and Yusuf Henry, called on Paria to settle on a global figure for the families.

He says the local legal precedent for the loss of expectation of life is abhorrently low and should not be used by the company in calculating or addressing the issue of compensation.

Reporter Cindy Raghubar-Teekersingh attended the news conference in San Fernando and tells us more.


Transcript
00:00It will shock the conscience of this nation to know that the courts in Sri Lanka
00:05will award for the loss of expectation of life $25,000.
00:13Attorney-at-law Prakash Ramadas says it would be an absolute insult to the
00:19families of the LMCS Paria diving tragedy if Paria fuel trading company
00:25Limited chooses to take the root of legal precedence in any calculation of
00:30an ex gratia payment to them. He addressed the news conference called at
00:35his Lodge Street San Fernando office on Tuesday. We are the view that the
00:40unprecedented nature, unprecedented nature of the tragedy demands an ex
00:45gratia payment, wary of avoiding austerity of tabulated legalism.
00:54Accordingly we are instructed our client is prepared to accept an ex gratia
00:59payment in the sum of five million dollars as full and final settlement of
01:03all claims to be made by our client. Ramadas says they outlined their position
01:07months ago and Paria's public statement on Monday which said their efforts to
01:13process the claims for compensation are being frustrated by a lack of
01:17information from LMCS and the legal representatives of the families was
01:23infuriating. So to suggest that you've been frustrated by lack of information
01:28but what bracelets and the age of the workers really talk about frustration
01:34think about the families. The goal of Paria to use the word frustrated when in
01:42fact we are saying we are not we are asking for a global figure you keep
01:46talking about tabulated legalism. We are not on that. Tell us you're refusing to
01:52give us ex gratia payment then we will know we will go to tabulated legalism to
01:58begin with and take it to the highest court. Ramadas says the Privy Council has
02:03indicated on more than one occasion that the awards coming out of TNT are
02:08disproportionate to what is necessary and so if Paria does not put forward an
02:14amenable figure and very soon then the family's attorneys are ready to take the
02:21case through the court system until a new precedent is set and the family see
02:26a favorable outcome. We shall file actions against Paria and LMCS in the
02:33name of each member of the family so that we shall be claiming independent of
02:42each other. If it should become necessary if this should be the case to reset the
02:48value we put on life and living under legal so be it and we give our
02:53commitment that before the opening of the term in September we are prepared to
02:58file action against Paria and LMCS. On February 25th 2022 five LMCS divers 57
03:08year old Faisal Qurban, 31 year old Yusuf Henry, 46 year old Rishi Nagasar, 36 year
03:16old Kazim Ali jr. and Christopher Budram were undergoing underwater pipeline
03:22repair works off point of pay for Paria when they were sucked into a 30-inch
03:27line due to Delta P vent only Budram survived. Sindhi Raghubar Tika Singh TV6 News
Comments