A road accident involving a 37-year-old Sri Lankan man and an elderly woman has resulted in four years pain and anguish for the man. His ordeal not only involves ongoing pain, neuro-surgery, plastic surgery and orthodontics but imprisonment, threats of deportation and shabby treatment by lawyers sworn to seek justice. The cruellest fact of all is that he is entirely blameless in the matter.
Mr Lalith Ajantha was houseboy to Mr and Mrs John Davis, of Tala. On April 5, 2004 while riding a motorcycle on his way to Chloraka from Tala, he was in collision with a car driven by an elderly British woman, Mrs Valerie Lawrence at the Gymnasium intersection near Viofos junction, Paphos.
He was taken by ambulance to Paphos Hospital where his condition was stabilised over four days and then moved to Nicosia General Hospital for neuro surgery to remove a piece of his skull impacted on his brain. He was hospitalised in Nicosia for 10 days. Surgeons did not replace the bone as it seemed unlikely Mr Ajantha would survive.
Police informed his wife, Madupa, that the accident was the fault of the car driver, who it transpired, was a friend of Mr Adjantha's employer, Mrs Davies.
He began his long process of recuperation but was evicted by his employer after two months as Mrs Davies needed a helper not an invalid. Mrs Davis family suggested that £7,000 could be awarded to him and he should return to Sri Lanka. That meant his returning without having the necessary plastic surgery or dental work.
Fortunately the Madjupa's employers, came to the rescue and even though they were out of the country at the time, made arrangements for Lalith to stay at their home.
A year went by and a second operation was necessary. Madupa's employers did the decent thing allowing Madupa to go with her husband to Nicosia, and facilitated the monthly follow-up treatments he required.
In order to receive due compensation for the accident and meet the heavy medical bills Lalith hired a lawyer from Larnaka. He did little to help. He failed to deal with the Sri Lankan's visa papers, he didn't contact the opposite party's insurance company, and after telling Lalith and Madupa that the case was due to be heard, failed to turn up to court on two of the four occasions set.
By August 21, 2007 they were still waiting for a court hearing when at 2am, 10 immigration officers broke down Mr Adjantha's door and, acting on a tip off, arrested Lalith for being in the country illegally.
He was handcuffed and transported in a prison van. Police were ready to deport him immediately but he explained that a court case was pending and needed to stay.
Meanwhile his employers incensed by the injustice of the situation wrote to the Ombudsman, The Minister of the Interior and telephoned the Sri Lankan Consulate.
Lalith was locked in a cell with three other men for eight days. They shared toilet facilities in the cell and according to Mr Adjuntha police did regular checks of their mattresses by walking over them.
For sustenance he received a tomato, a piece of brown bread and some fruit juice each morning. Madupa brought in Lalith's medication for epilepsy which he required following the accident but he rarely got it on time.
After his release he needed to be taken back to Paphos hospital and placed on a drip. Madupa had been told after two days that he was ill. Nevertheless he was still held for eight - and his lawyer failed to give a letter confirming his up-and-coming court case, and refused to answer phone calls from the Madupa's employers who rang him twice daily to prompt action.
Not unreasonably Lalith took on a Paphos lawyer who said he would quickly bring the case to a close and indeed by November 8, 2007, Lalith met the insurance company in court for the first time, more than three years after the accident.
The first lawyer was now demanding his fee of £2,500 even though he never met the insurance company, nor had he contacted either of the hospitals for the medical notes required. He had arranged two specialists from Larnaka, who in turn submitted their own fees for €1,700 and Cy£940.
Eventually on Jan 8, 2008 the insurance lawyers came to court with all the collected evidence. Then something strange happened. His lawyer suggested he go back to Sri Lanka because the immigration department might not let Lalith stay. Lalith and Madupa argued that if he couldn't get the matter settled with him in the country, how less likely was it that he would receive just settlement while back in Sri Lanka.
They decided to take their plight to the judge himself. Although they were warned from sitting outside the judge's chambers fortune smiled on them. Judge Mavronichola saw the hapless pair seated outside and listened to their story.
On March 5, after two hearings a fair settlement was awarded to Mr Ajantha. But there was still no happy ending. The insurance company wouldn't pay.
The judge had ordered full payment to be made within one month and that if payment fell outside the alloted time then interest would be due at eight percent from day one. The insurance company legal department later allegedly then told Lalith's lawyer that they needed more time to pay. A cheque for less than half the amount was delivered to the Laith's lawyer who promptly began deducting all the fees for the experts involved.
Lalith became incensed and told the lawyer he had no right to any money until the settlement was made full.
He indicated that Lalith might have to wait indefinitely for final payment. Fortunately mention of Superintendent of Insurance was enough to bring the matter to a speedy conclusion.
Finally in May 2008 Mr Lalith Ajantha recovered his full due. However the interest was still outstanding
The lawyer urge them not to worry about the amount. However that would cover the cost of the air fairs back to Sri Lanka where their son had been waiting with his grandparents for five years to see his loving parents again.
Madupa's employers then visited Mrs Davis with a letter reminding her to meet her contractual oblgations for Lalith's air fair home. So far this has not been met.
Throughout the whole episode Lalith's employer never came to see him or inquired after his health even though Lalith had helped with her husband as cancer sapped his life. The woman who caused the accident never visited or offered any kindness.
Fortunately Lalith and Madupa found true friends in Madupa's employers. They will never forget them.
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