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Bus company ordered to pay minor Sh4 million

By Julius Chepkwony | November 17th 2020 at 13:05:48 GMT +0300

A bus company has been ordered to pay an 8-year-old boy over Sh4 million for injuries caused in a road accident three years ago.

BM through his mother SMA had filed a suit at Eldama Ravine Principal Magistrate Court following an accident in which he lost his right leg above the knee by amputation.

The trial court on March 26, 2019, awarded the minor Sh4, 543, 776.

Aggrieved Crown Bus Limited appealed the decision of the court arguing the trial magistrate made an error in awarding the minor Sh3 Million as general damages and Sh1.3 million for the cost of an artificial limb. The award as per the company was in excess.

A doctor who testified in the case said the boy needs an artificial limb for Sh100, 000 which is to be replaced between three to five years for adults. The doctor added that for a minor the limb should be changed maybe yearly or less because of growth.

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Kabarnet High Court Judge Justice Edward Muthoga Muriithi partially allowed an application by Crown Bus Services Limited and reviewed the award to Sh4, 043,776. The general award damages were lowered to Sh2.5 million.

Part of the award will cater for the minor’s future medical expenses including the replacement of an artificial limb.

 “I consider that an award of Sh.2,500,000 in general damages for pain and suffering and loss of amenities would meet the justice of this case coming up for judgment in 2019 from whence interest shall run until payment in full,” read the judgment by Judge Muriithi.

The High Court noted there was no evidence to challenge the finding of the trial court on the basis of the evidence availed by the minor on the need for and frequent replacement of the artificial limb.

The judge dismissed the objection that the award of Sh1.3 million for the cost of the artificial limit was excessive in the circumstances. The court noted that no serious contest was mounted against the award of Sh1.3 Million as Crown Bus did not offer any alternative costing of a prosthesis and or of the frequency of replacement thereof given by the doctor. 

“The appellant (Crown Bus) succeeds as regards the quantum of general damages for pain suffering and loss of amenities but fails on the future medical costs of the artificial limb,” ruled the court.


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