The High Court in Nairobi has ordered a bus company to pay a 31-year-old woman Sh14 million after one of its buses was involved in a road accident.
Justice Joseph Sergon ordered the Kampala Coach bus company to compensate Joymercy Muthoni Nyaga for injuries she suffered from a 2010 accident.
Ms. Muthoni sued the company, its driver, and the owner of a tractor that collided with the bus in Mumias, Busia County. In her case, she wanted to be paid Sh121 million for her injuries.
According to Ms. Muthoni, she booked to travel with the bus on September 17, 2010, after the end of the school term at the St. Lawrence School.
On her way back home, the bus collided with the tractor and she sustained serious injuries.
She said that she became almost incapacitated and immobile, had to be assisted in moving around, and was unable to engage in any meaningful economic activity due to the injuries.
She blamed the driver of the bus for the accident saying that he was driving too fast and the bus was overloaded with luggage.
As a result of the accident, she said that she incurred medical bills totaling Sh4 million and that future medical expenses may rise to Sh25 million adding that she may need to undergo reconstructive surgery.
Ms Muthoni told the court that she cannot tell how much the National Health Insurance Fund (NHIF) paid for her treatment of other injuries sustained apart from her leg.
Kampala Coach argued that the accident was caused solely or substantially by Ms. Muthoni's negligence in failing to take any adequate precautions for her own safety and failing to heed traffic rules and regulations when traveling.
They blamed the owners of the tractor for the accident but it was dismissed in court after failing to appear. They filed another motion seeking to have it reinstated but it was also dismissed.
On their part, the tractor owner acknowledged that the accident took place but denied any responsibility, saying that the bus driver was to blame.
They asked the court to dismiss the claim by Kampala Coach with costs and asked the court to stop his prosecution.
In her submissions, Ms. Muthoni said that the owner of the tractor was also liable for the accident since it did not have traffic lights, and if it was not being driven at the late hours for a tractor, then the accident would not have occurred.
She claimed general damages saying that she had been limited in her movement since she depends on a wheelchair and a helper to enable her to move up and down due to the injuries sustained.
She further argued that her social life was greatly affected arising from the loss of social amenities and would not get married to the husband of her choice.
She demanded to also be awarded Sh30 million to cater for the pain and suffering, and a further Sh7.2 million which she said was to pay for her helper, a wheelchair, and unnamed specialized equipment.
She said that since she will not be to work to cater for herself and an award of Sh59 million would be enough.
Judge Joseph Sergon awarded her Sh14 million. Sh2 million as general damages for pain and suffering, Sh2.2 million as her future earnings, Sh5 million for future medical expenses, Sh4.8 million as special damages, and Sh7.2 million for her helper.
