The Land Transport Authority and a former employee of the LTA Elina Ledua have been ordered to pay $130,000 to the owner of a bulldozer Sahid Begg by the Suva High Court.
The court was told that Ledua failed to verify Part 3 of the Application for Transfer of Ownership of Vehicle form.
Ledua admitted that she over‑sighted though she was not involved in the illegal act of the third party.
While passing the judgement, High Court Judge Justice Deepthi Amaratunga said that the failure to do so had resulted in the vehicle being transferred to a Manos Jeet who executed a Bill of Sale as an owner.
The vehicle was sold in auction in pursuant to the Bill of Sale.
Justice Amaratunga says the valuation of the vehicle presented to the court and it was not challenged by the defendant, hence on the balance of probability, the damage due to the loss of the vehicle is proved $130,000.
The Judge says Ledua's relationship with LTA is an employer and the employee and the said negligent act of transfer of the vehicle was done within the scope of employment of Ledua as a customer service officer.
Justice Amaratunga says LTA is vicariously liable for the actions and or omissions of their employees.
