A section of the Mai Mahiu road on August 29, 2013. A Nairobi court has
awarded a passenger who survived a road accident Sh10 million for
general and special damages. FILE PHOTO | NATION MEDIA GROUP
A Nairobi court has awarded a passenger who survived a road accident Sh10 million for general and special damages.
Mr
David Chege Ndung’u had sued the owner of a private vehicle he
travelled in from a relative’s wedding on November 16, 2008, along the
Naivasha-Mai Mahiu road.
He also sued the driver and the turnboy of a haulier truck for “liability”.
In his plaint, through lawyer Katunga Mbuvi, he averred that the accident was a result of the three defendants’ “negligence”.
“At
the time of (the) accident he was 33 years old and was working at the
Kijabe Hospital earning a salary of Sh17,268. He could not be promoted
since he is confined to a wheelchair, his life was shattered as he
cannot advance his career, he cannot control his urine and needs a
nurse, he wished to have three children but that had been thwarted by
the accident,” Mr Mbuvi submitted.
The lawyer said the accident “cut off” Mr Chege from “social life and (he) cannot sexually function”.
“He
was injured as result of the impact of the two vehicles. There was a
forward-backward movement of the body and because of the seat belt, he
injured his spinal cord.
“He blamed the drivers of the
two vehicles for the accident and his injuries," Mr Mbuvi told the
court, in his submissions upheld on Tuesday by Justice R. Aburili.
KRA OFFICERS
The court heard that the accident was reported to the Mai Mahiu Police Station, where the police took statements.
“They were medically examined and no alcohol was found in their blood,” the lawyer submitted.
In
cross examination by Mr Mbuvi, the turnboy told the court that the
truck was driven by one Peter Maina and belonged to Robert Macharia.
He
stated that the trailer truck was under the escort of KRA officers, who
were in a separate vehicle, also belonging to Mr Macharia, and that
they were not tired, having slept at the Mlolongo weighbridge and rested
between 3pm and 2am, when they left.
On Tuesday, the
judge said that after the accident, Mr Chege’s course of life changed,
his self-esteem was affected and that “he is unable to engage in sexual
intercourse, rendering his plan to expand his family impractical”.
“The
case against the defendants on liability has been proved to the
required standard,” she said and proceeded to give a breakdown of the
award.
For general damages due to pain and suffering
and loss of amenities, the judge gave Sh4 million; the cost of a
paraplegic nurse, Sh1.7 million; the cost of househelp for mobility,
Sh960,000; the cost of drugs for Mr Chege’s condition, Sh1,440,000 —
totalling Sh8.1 million.
The judge also awarded Mr
Chege the cost of the suit and also interest at court rates from the
date of the judgment until payment is made in full.
“Interest
on special damages shall accrue from the date of filing of suit until
payment in full,” she ordered. She said she had punished the owner of
the saloon car as he was responsible for allowing its driver on board.
The suit was filed on June 24, 2009, after Mr Chege had spent several months in hospital.
A
relative, who was also in the accident vehicle and survived the crash,
told the trial court that Timothy Mburu, who was the driver of the
saloon car, died later in a separate road crash.
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