By The Weekly Vision
Mabati Rolling Mills (MRM) has been ordered to compensate an accident victim by the Resident Magistrate Court at Kigumo. The ruling delivered by Judge J.Wakiaga is dated the 16th of May 2023; it upheld the award of Ksh. 450, 000 in favour of Eunice Mbata.
The compensation was for pain and suffering as a result of a road traffic accident involving a motor vehicle registration number KAR 887 Q wherein Eunice was travelling as a passenger and motor vehicle registration number KBE 769 P registered in the name of MRM.
Being aggrieved by the said determination, MRM filed an Appeal and raised the following grounds of Appeal: The award in damages was excessive, contrary to law and did not follow the principles related to an award. While testifying in the lower court, Dr. Kimuyu Judith confirmed that Eunice sustained a fracture of the right tibia/fibula which was well managed and produced the medical report thereon.
Judge Wakiaga ruled “From what is stated herein, it follows that the Appeal has no merit which I hereby dismiss both on liability and damages and a firm the trial Court award. The Respondent is entitled to the cost of this Appeal based on the legal principle that unless otherwise stated cost follows the event”.
