Court says accident survivor rightly awarded Sh300,000

 Kakamega upheld the award of Sh300,000. [iStockphoto]

The High Court in Kakamega has upheld the award of Sh300,000 by a lower court in August last year to a woman who was knocked down by a trailer belonging to the Kyoga Hauliers.

Justice Chirchir Chebet said the award by the Butali Senior Principal Magistrate’s Court was commensurate with the severe injuries Miriam Okoddi suffered and should not be revised downwards.

“Can the award of Sh300,0000 be said to be too excessive to warrant any disturbance by this court? I think not. The injuries may be classified as serious and multiple soft tissue injuries,” the judge ruled saying that the appellate court could not disturb an award of damages unless it was so inordinately high or low as to represent an entirely erroneous estimate.

“I don’t find any merit in the appeal, and the same is hereby dismissed,” she ruled.

Court documents indicate that the trailer belonging to the Kyoga Hauliers knocked down Ms Okoddi on March 24, 2021, along the Eldoret-Webuye- road, leaving her with head injuries, deep cut wounds on the forehead, blunt injuries to the left shoulder with dislocation and right ribs.

She also suffered bruises and lacerations on the right hand and a deep cut on the left knee, which saw courts order the transport company belonging to Ismael Dhora otaxed to Okoddi Sh300,000 in damages.

The firm pleaded with the court to lower the damages to Sh90,000, saying that beyond the amount being excessive, the woman healed after receiving treatment from two doctors.

They submitted that in assessing damages, the trial court acted on wrong principles and took into account factors which it ought not to have considered.

“The learned Trial Magistrate erred in law and in fact in adopting the wrong principles in deciding on the assessment of damages payable to the respondent, thereby arriving at an erroneous decision,” they said.

Okoddi rebutted by saying the amount she was given was not excessive but just enough compensation for the life-threatening injuries she suffered.

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