In a significant legal development, the High Court has dismissed an application by state-owned Paria Fuel Trading Co Ltd to be removed from a workmen’s compensation claim filed by the widow of one of the divers who tragically lost their lives in the 2022 Paria incident. The decision, handed down by High Court Master Wrenerson Lochan on November 18, underscores the ongoing legal complexities surrounding the case. Master Lochan ruled that the request by Land and Marine Contracting Services Ltd (LMCS) to include Paria as a party to the claim was justified, citing unresolved serious issues between the two entities. He further ordered Paria to cover LMCS’s legal costs related to the application.
The tragedy occurred in February 2022 when five LMCS divers were fatally sucked into a 30-inch underwater pipeline during maintenance work at Paria’s Pointe-a-Pierre facility. Only one diver, Christopher Boodram, survived. The victims included Fyzal Kurban, whose widow, Celisha Kurban, initiated the compensation claim. Represented by attorneys Prakash Ramadhar, Saira Lakhan, and Devi Ramnarine, Kurban’s estate is seeking justice for the loss.
Paria argued in its application that it had no direct control over the divers’ daily activities, emphasizing that LMCS exercised sole authority over its employees and the work environment. The company also claimed that the divers were performing tasks in violation of Paria’s work-permit system, leading to the fatal incident. Paria further asserted that LMCS’s insurance policies with TRINRE Insurance Co Ltd should indemnify it against liability, suggesting that the estate should have already received compensation under these policies.
However, LMCS managing director Kazim Ali, whose son Kazim Jr was among the victims, countered these claims. He argued that LMCS operated under Paria’s overarching control, including a ‘stop work’ authority that allowed Paria employees to halt operations at any time. Ali also highlighted that Paria staff monitored the divers via live-feed video on the day of the incident, enabling immediate intervention. He attributed the Delta-P event—a sudden and dangerous pressure change—to Paria’s mismanagement of line content removal, which he claimed was entirely under Paria’s control.
Ali accused Paria of negligence, alleging that the company failed to assign competent staff, misled LMCS about the remaining line content, and failed to communicate critical changes that created a hazardous environment. He also claimed that Paria prevented LMCS and volunteer rescuers from initiating a timely rescue, asserting that the tragedy could have been prevented. Ali maintained that any indemnity should flow to LMCS, not Paria, given the latter’s alleged negligence.
The case remains ongoing, with LMCS’s claim against TRINRE Insurance adjourned to 2026. Ali also noted that similar indemnity issues are being contested in two other High Court cases stemming from the same incident, suggesting that the court stay the indemnity issue in the workmen’s compensation claim until these matters are resolved.
