AGREED AWARD

Poverty Bay Herald, Volume LXIV, Issue 19334, 26 May 1937, Page 15

AGREED AWARD

MOTOR SMASH SEQUEL

£750 PAYMENT APPROVED

CHIEF JUSTICE'S COMMENT

The payment of £750 in settlement ol a claim by Ruiha Teka against Charles P. Jtidd 'in respect of damages to the plaintiff and her children arising out of the deatli of plaintiff's husband in a motor accident on the Repongacre road somo months ago, was approved by the Chief Justice, Sir Michael Myers, in the Supremo Court to-day. The amount represented a settlement reached between the parties to the action, and his Honour's approval was asked to ratify a division of the amount between the plaintiff and her three children. Mr. A. A. Whitehead appeared for the plaintiff, and Mr. L. T. Burnard for the defendant, Judd. When the case was first mentioned to the court. His Honour commented that the sum stated in the settlement was not a very large one. ami Mr. Whitehead explained that there were aspects of the case which had rendered the settlement desirable from the point of view of the plaintiff and her children, who might, if the case had come into court for hearing, have had difficulty in securing a verdict, in which case it would have been disastrous for them. Mr. Burnard stated that the defendant had agreed to the settlement, on his part, mainly because, of the danger of a jury giving a. "sympathetic" award of damages if the hearing had proceeded. His Honour suggested that counsel should look into the matter of the division of the damages, as between the mother and her children, and when the case was called again later, Mr. Whitehead stated that he had followed His Honour's suggestion, hut. still felt, that the division proposed, namely, £IOO for the mother and the balance of £650 to be held in trust for the children, was the best means of apportioning the money. That indeed was the express wish of Hie mother, ho added.

His Honour stated that he would approve the settlement, and note upon it the assurance, 'by counsel that the case was one about which there was some doubt. But for thai assurance, said His Honour, he would not. perhaps, have approved the settlement.