By The Weekly Vision
Cases of drivers causing serious accidents on Kenyan roads have been on the rise and despite the complaints raised by members of the public; the government does not seem to be treating the matter with the attention it deserves.
One such case is that of Susan Nduku who was hit by vehicle registration number KBB 881A belonging to Doshi & Co. Hardware on March 6th, 2017 along Lusaka Road in Nairobi. Following the accident, a case was filed at the lower court by the victim, Milimani CMCC No. 5822 of 2017, against Doshi and Hardware, claiming general and special damages.
Susan Nduku was riding on a motorcycle as a pillion passenger when Patrick Nyoike Makato, the driver of the lorry negligently drove the motor vehicle causing it to collide with the motorcycle. As a result, Susan sustained severe injuries, for which he held Doshi and Hardware liable. Upon full trial, the lower court held Doshi & Co. Hardware wholly liable for the accident and awarded Susan Ksh. 1,500,000 for general damages and Ksh. 14,045 for special damages.
Based on that ruling, Doshi and Hardware lodged an instant appeal by memorandum of appeal dated June 22, 2018, on the following grounds: that the trial magistrate failed to consider the evidence adduced before the court and awarded excessive damages. The judge noted that an award of damages for personal bodily injuries should be commensurate with the injuries suffered.
In a sworn affidavit, Susan pleaded that, as a result of the accident, she sustained the following injuries: fracture of the ischial bone (pelvis), diathesis (separation of the ischial iliac), and a wound to the right thigh. She further assessed a degree of incapacitation at 15%. These injuries were duly corroborated by the medical report by Dr. Mwaura.
According to a ruling dated November 16, 2023, by judge Janet Mulwa of Nairobi High Court, she ruled, “Bearing the above authorities in mind and considering the aspect of inflation and taking into account the passage of time and economic realities, the court finds that the trial court’s award of Kshs. 1,500,000 for general damage was not excessive in the circumstances of the case and will not be disturbed. In conclusion, the court finds that the appeal lacks merit and is hereby dismissed.”
