Brian Muchiri, a third-year university student has gotten justice after a company lorry accident in 2014 left him permanently disabled.
The three-judge bench of Justices Martha Koome, Daniel Musinga, and Agnes Murgor awarded the student Ksh24.4 million after determining that the Nakuru-based company was guilty as charged.
The judges upheld a prior determination by the High Court.
Justice Martha Koome deliveres judgments and rulings of the Court of Appeal via Skype on April 24, 2020. |Courtesy| Twitter|
The company Jubilee Haulers Ltd, owned by businessman Vipul Patel had been ordered by the High Court to pay Ksh28.9 million. The amount was, however, reduced to Ksh24.4 million.
"Having considered the various authorities that were cited by both parties, and bearing in mind the award of Ksh7,200,000 as loss of future earning capacity, which is a relevant consideration in assessment of general damages, we think the award of Ksh8,000,000 was inordinately high," the judges ruled.
Evidence tabled before the court stated that the student, then aged 19, was travelling in Matatu from Nakuru Town heading to Mang'u farm in Rongai. The matatu was then hit by the lorry which was heading in the opposite direction.
Muchiri sued the company for negligence, arguing that it was driven at a dangerous speed with regard to the safety of other road users.
He petitioned that the lorry failed to swerve or slow down as to avoid the accident.
Muchiri told the court that the accident left him to permanently require the services of a wheelchair and a replacement every two years. He said that he also needs the services of a nurse at a salary of Ksh12,000 every month.
The High Court had awarded Muchiri Ksh8 million as damages for pain, suffering, and loss of amenities, Ksh7.2 million for loss of earning capacity, Ksh3.9 million for nurse aid, and Ksh4.3 million for future medical expenses.
He was also awarded Ksh3.9 million for medical supplies and equipment, Ksh250,000 for an electric wheelchair, Ksh350,000 for an electric bed and Ksh885.844 for special damages.
Jubilee Haulers appealed the ruling which led to the Ksh4 million reduction in total compensation.
Justice Daniel Musinga delivers civil judgments and rulings of appeals and applications heard in all Court of Appeal stations on May 22, 2020. |Courtesy| Twitter|