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Company ordered to pay woman Sh1.1m for causing her life threatening accident

By Jack Murima | December 6th 2019 at 12:00:00 GMT +0300

The Kakamega High Court has ordered two transport companies to pay a woman over Sh1 million for occasioning her life-threatening injuries following a road accident.

Justice William Musyoka dismissed an appeal filed by Imma Hauliers and Bluemarks Shuttle – the firms that had sought a review of the sum awarded, which they described as high and unreasonable.

The judge said the Sh1,182,505 awarded to Mary Amwayi was reasonable because she was hospitalised for over five months.

On October 19, 2012, Amwayi was travelling from Bungoma to Kakamega in a vehicle owned by Bluemarks Shuttle when they were hit by a trailer owned by Imma Hauliers.

Amwayi was left with a disfigured face and her thighs badly injured by the impact of the accident. She was treated at the St Marys Hospital Mumias and discharged on April 8, 2013.

She sued the two transport companies, saying the vehicles were negligently driven without due care and attention.

Mumias Senior Resident Magistrate Maureen Shimenga awarded Amwayi Sh800,000 for general damages and Sh332,505 in special damages.

In her ruling, the magistrate said: “I managed to see the injuries sustained by the plaintiff. They are not only serious but I sympathise with her. The scar on her face is very humiliating.”

Justice Musyoka gave the parties 28 days to lodge an appeal.


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