Wife sues cab operator for husband’s carbon monoxide poisoning death

THE heartbroken wife of a taxi driver who died from carbon monoxide poisoning while taking a power nap is suing the company that operated the killer cab.

• Carbon monoxide gas heater warning

THE heartbroken wife of a taxi driver poisoned while taking a power nap by carbon monoxide seeping in from a broken exhaust is suing the company that operated the killer cab.

The death has also sparked calls for mandatory carbon monoxide checks on all cabs and for drivers to be schooled on the danger of taking “power naps” with their engine running.

Sandeep Singh Brar, 30, was driving a Ford Falcon cab for Capital Taxis when the tragedy occurred on September 2, 2013.

Shavinder Veer Kaur, 33, claims her husband pulled over in Hood St, Mont Albert, to take a nap with the engine running to keep warm or because he was already affected by the carbon monoxide inside the cab.

Ms Kaur’s writ lodged win the County Court claims Capital Taxis were responsible for the cab’s operation and maintenance.

“(Capital Taxis) owed Sandeep Singh Brar a duty of care to ensure that the taxicab was safe, suitable and fit for use,” the widow’s statement of claim says.

Police investigating the death for the Coroner said in-taxi footage showed Mr Kaur napping in the front seat with the engine running and found that another driver was overcome by carbon monoxide in the same cab the following night.

Coroner Audrey Jamieson found fumes leaking from the broken tail pipe of the poorly maintained cab had built up in the vehicle’s rear bumper cavity and entered the cabin through unsealed holes and a leaking boot vent.

Mr Brar moved to Australia in 2007 to study cooking and at the time of his death had recently been granted permanent residence and was making arrangements for his wife — still living in India — to join him.

As a dependant of Mr Brar at the time of his death Ms Kaur is seeking damages based on her late husband’s weekly earnings of about $900-$1,100.

Slater and Gordon lawyer Jana Athanasopoulos said her client was devastated by the unexpected and tragic loss of her husband, who worked hard to provide for his family.

“Death in the workplace is never acceptable and no family should have to go through the devastation of losing a loved one,” she said.

“We cannot rely on safety regulation alone, workplace safety must be the priority of everyone to ensure people are going home to their families at the end of each day.”

Ms Athanasopoulos said Sandeep’s employer had a duty of care to provide and maintain a safe working environment and to ensure their workers are not placed at risk.

Ms Kaur’s writ claims 16 specific instances where the taxi company was negligent, including allowing the cab to operate with a broken exhaust pipe, unsealed boot cavities and distorted vent flaps.

The writ alleges the company failed to undertake sufficient checks, tests and repairs to ensure the cab was fit for use each shift.

Ms Kaur also claims the company failed to warn drivers of the potential dangers of “power napping” with the engine running or the possible effects of carbon monoxide poisoning and failed to have a carbon monoxide alarm fitted to the taxi.

Capital City Taxis owner Nasir Choudhary told the Coroner he had purchased carbon monoxide detectors since Mr Brar’s death and planned to install carbon monoxide alarms in all his vehicles.

Coroner Jamieson recommended the Taxi Services Commission consider mandatory periodic carbon monoxide checks on all cabs and educating drivers of the dangers of “power napping” with the engine running.

Neither City Taxis nor the TSC responded to the Herald Sun’s calls.