Accident victim's four years wait for Sh1.5 million court award

Beatrice Ataya, an accident victim is still waiting for Sh1.5m from an insurance company awarded by Meru High Court Judge Alfred Mabeya in 2018. She is with her friend Betty Magaju who surrendered her title deed to have Ataya released from hospital. [Phares Mutembei, Standard]

A woman in Meru County is yet to receive Sh1.5 million awarded by the High Court four years ago for sustaining life-threatening injuries in a car accident.

Forty-eight-year-old Beatrice Ataya was hit by a matatu that veered off the road at Gakoromone in Meru town, on May 30, 2014.

Ms Ataya, a mother of three, was forced to undergo specialised treatment that included bone grafting at Meru Teaching and Referral Hospital, Chogoria and Kijabe Hospital.

The woman who hails from Ntumburi in Buuri now walks with a limp following the accident that saw her admitted to hospital for three months where she underwent corrective surgery.

She underwent ten major surgeries at Chogoria and Kijabe hospitals and still visits the facilities for medicare.

Ataya used to sell cereals but she has been unable to return to the trade after the accident.

According to court documents, she incurred a bill of Sh294,935 at Kijabe Hospital.

Through lawyer Kiogora Mugambi, she sued Astrid Wanja Joel, the owner of the vehicle that hit her, seeking compensation.

The then Meru Chief Magistrate Lucy Ambasi, in a judgment delivered on May 15, 2018, awarded Ataya Sh900,000 for damages, which she appealed, saying it was not commensurate with the injuries and pain she suffered.

She argued that she had undergone ten surgeries, developed 40 per cent disability, lost part of her bone and was left with future medical costs that had not been considered in the award.

Mr Mugambi argued that the award by the trial court was inordinately low and failed to take into account all the relevant factors.

"The appellant sustained serious injuries, and permanent incapacity was assessed at forty per cent," he said.

In calling for a review of the award, Ataya said the court had not taken into account the loss of earning capacity.

Before the accident, she used to take home more than Sh200,000 per month from the cereals business between Isiolo and Meru, but can no longer carried heavy things after her leg was shortened and weakened.

Through her lawyer Mugambi she pleaded for Sh5,280,000 compensation.

Meru High Court Judge Alfred Mabeya overturned the lower court's judgment and awarded her Sh1.5 million.

"I am satisfied that the award of Sh900,000 as general damages is inordinately low. I set it aside and replaced it with an award of Sh1.5 million. The shortening of the leg is a permanent disability," Justice Mabeya said.

"The appeal partly succeeds. The appellant is awarded Sh1.5 million as general damages for pain and suffering. This amount shall be subjected to a 30 per cent contribution leaving a balance of Sh1,050,000. The rest of the findings of the trial court remain. Parties shall meet their respective costs of this appeal," the judge ruled.

Ataya was with her long-time friend Betty Magaju, who had to surrender her title deed to have her discharged from the hospital.

"My title deed is still at Kijabe Hospital because part of her medical bill remains unpaid. She stopped working effectively because she was greatly incapacitated. We are appealing to the Ombudsman to step in and have her paid her dues," Ms Magaju said.

Ataya said her husband deserted her after she became incapacitated and she is now the sole breadwinner of the family.

"I cannot even afford to pay their school fees. Now, I have a small hotel at the local market where I sell tea and mandazi to make a living. I am appealing to Ombudsman Florence Kajuju and even Chef Justice Marta Koome to ensure I get justice," she said.