Tears Flow As Mum Gets Help
An emotional, historic day as Avisake Lomani gets $75K compensation payment for the loss of her son
Avisake Lomani remembers vividly the day she received news of her son’s accident.
She remembers how Samuela Rokoura’s body seemed normal at the health centre, but the bleeding on his head could not be stopped.
She remembers how she pleaded with the doctor who had come to tell her that it was time to make a decision about Samuela. “I asked the doctor to give him just 30 more minutes because he’s always been a strong boy,” Ms Lomani said. Samuela died in February after he was hit by a vehicle as he was crossing the road towards Balabala Crescent off Khalsa Road, Nasinu. He was seven years old at the time. Parliamentarians from both Government and Opposition attended an emotional ceremony in Suva yesterday.
Ms Lomani received $75,000 in compensation during it for her
son’s accident, becoming the first person to do so under the new Accident Compensation Act of 2017.
The cheque was handed to her by Acting Prime Minister and Attorney-General Aiyaz Sayed-Khaiyum in Suva.
It came on the third day of 2018’s April parliamentary proceedings.
The Bill, gazetted last July, is rare in that both sides of a fiercely-opposed Parliament unanimously agreed to pass it.
“We have to, as a society, as Government and as Parliament, understand that these things (accidents) happen on a daily basis and we need to address it,” a sombre Mr Sayed-Khaiyum said.
“The money can in no way replace a child,” he said to Ms Lomani, “but it’s one way of society saying that you have suffered a tragedy and we would like to help you out in some way.”
Senior members of both sides of Parliament, including Opposition leader Ro Teimumu Kepa, were present on the invitation of Mr Sayed-Khaiyum. Opposition SODELPA MP Viliame Gavoka said: “It was a Bill that had overwhelming support in Parliament and it’s something that’s really changed the way we look after our people.
“As a parliamentarian, anything that makes it easy for the people always has my support.”
Previously, the legislation governing compensation was known as the Motor Vehicles (Third Party Insurance) Act 1948.
The new Act has a maximum payout range of $75,000, an increase of nearly double from the old scheme. Both sides of Parliament said the old law was “archaic” and left room for negligence from lawyers responsible for securing compensation for their clients.
The forming of the Accident Compensation Commission Fiji (ACCF) came soon after the Bill was passed.
Headed by chief executive officer Parvez Akbar, the commission oversees the process of compensating people who suffer personal injury or death from road accidents. “Societies are defined by how we support those who are most vulnerable and need our help the most,” Mr Akbar said.
Under the new law, vehicle owners - from private to commercial - have to pay a designated Motor Vehicle Accident levy.
The levy is paid as a “premium” for being covered by the scheme, a change from the Compulsory Third Party (CTP) insurance paid previously.
Ms Lomani broke down in front of the parliamentarians as she thanked them for passing the Bill.
She has two other daughters and said the death of her son left a vacuum in the family that could never be filled.
“His dad left us six months after he was born and I raised him alone,” the Nabouva, Tailevu, native said.
“I am going to open a trust account for his siblings and set aside money to memorabilia for his remembrance.”
Mr Akbar said Ms Lomani’s application was the only one so far that met the criteria and was approved.
He said more compensation payments would be made once applications were successfully processed.