Africa-Press – Lesotho. A Chinese-owned company faces a M3 million lawsuit for allegedly causing the death of a nine-year-old boy. The boy’s family says he fell into a pit dug by China Geo Construction during the construction of the Marakabei to Monontša Road.
Janki Mohloai, the boy’s father, has filed the lawsuit in the Northern Region High Court. Mohloai has also cited the Ministry of Public Works and the Roads Directorate. He alleges that China Geo dug the pit and neglected it for days.
“That (pit) was consequently left open despite China Geo having completed work around that area and as a result, it was filled with water and had developed into a deep dam due to heavy rains,” Mohloai told the court in an affidavit.
Mohloai said the pit was so deep that it posed a health hazard to the public. “The (pit) was also not protected with any barriers or marked with any safety precaution signs to warn or protect the public from slipping and falling in the (pit).
” He said Khotso Mohloai, his son, slipped and fell into the (pit) as he walked home with friends.
“At the time when nearby adults were alerted for rescue, it was too late and the child had unfortunately lost his life,” he said.
He further said China Geo had been negligent and had failed to exercise due diligence by not covering the pit or putting protective barriers around it.
“The death of the child occurred solely as a result of the gross negligence and ill consideration of the construction company.
Mohloai told the court that his family should be compensated for funeral expenses, emotional shock and distress and the death of his son “caused by the negligence of the construction company”.
He said the China Geo has not shown any remorse despite being aware of the situation after being approached by him and his family on several occasions.
Mohloai said he incurred funeral expenses and suffered trauma and emotional shock. “This has led me to suffer both financial loss and emotional loss”. He argues that the company, Roads Directorate and the Ministry of Transport are jointly and severally liable for damages.
He said despite lodging all the required documents with Minet Lesotho (the insurer of China Geo) for risk to third parties, they have been denied compensation.
However, the Ministry of Public Works, Roads Directorate, and China Geo have opposed the matter saying they were not responsible for the child’s death.
The Roads Directorate said the child did not fall in the pit but fell in a culvert which was built on a road for water drainage and was also protected by danger tapes and scaffolds.
They denied that the pit was dug near a footpath but was on the road being constructed. The Roads Directorate said it was also the dead child’s parents’ negligence “in letting his child play at a culvert”. The Directorate said it was sorry for the loss of the life of the child but it is not liable because it has not been negligent.
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