Racehorse owner Maniram "Boboy" Maharaj yesterday agreed to pay US$20,000 needed to obtain a prosthetic arm for a 15-year-old boy whose arm was bitten off by one of Maharaj's horses in 2004.Maharaj accepted the undertaking although the boy, David Sinanan, and his mother, Dilmatie, lost their claim in the Port-of-Spain High Court before Justice Andre des Vignes for damages from the incident.Maharaj also waived his legal costs for the matter and said he always was willing to asset Sinanan in obtaining the prosthetic limb.Most of Sinanan's arm was ripped off by Maharaj's horse, Java, on February 20, 2004, after he attempted to touch the animal while riding through Maharaj's High Clear Stud Farm in Ragoonanan Road, Enterprise, with friends.
Sinanan and his mother in their claim said the accident was caused by the negligence of Maharaj and the farm's employees.They also alleged Maharaj ought to have known the horse was vicious or had a dangerous propensity.In his defence Maharaj claimed Sinanan and his friends were trespassers on the farm on that day.In giving his judgment, which he described as agonising, Des Vignes accepted that the boy was not trespassing on the farm but rejected Sinanan's claim, saying Maharaj could only be liable of negligence if there was something abnormally dangerous about the horse.
Des Vignes said on the evidence given by Java's trainer, Sukdeo Maraj, it was not proven that Java was unpredictable or was a danger to visitors to the farm.Earlier in evidence Maraj admitted Java was constantly given a banned steroid, Laurabolin, that seemed to make it violent.Des Vignes noted though that no medical evidence was presented that showed he steroid directly affected the behaviour of the horse.He said: "I cannot allow sympathy to affect legal proceedings."
In closing the proceeding Des Vignes, who described the incident as unfortunate, acknowledged Maharaj's undertaking to pay for the limb and subsequent treatment by the T&T Orthotics and Prosthetics and advised that Sinanan take advantage of the treatment being provided.Dilmatie Sinanan assured the court her son would wear the arm and do what was necessary to learn how to use it.Sinanan and his mother were represented by attorneys Israel Khan, SC, Keith Scotland and instructed by Daniel Khan, while Maharaj was represented by Vashist Maharaj and Riad Ramsaran.
