Menengai Refineries Limited will now have to pay Sh 320,000 to a victim of a road accident who sued the company for negligence.
Ronald Sang sued Menengai for general and special damages arising out of a road accident that occurred on 28th October 2018 along Silibwet-Kapkoros road.
Justice R. Lagat Korir reduced the amount awarded to Sang by the trial court from Sh 600,000 to Sh 400,000 less 20% contribution bringing the amount to Sh 320,000.
Menengai moved to the High Court to challenge the award of Sh 600,000 on grounds that it was inordinately high and proposed an award of Sh 150,000.
On the other hand, the respondent asked this court to uphold the award as it represented a fair award.
“I have considered the authorities above and the authorities submitted by counsel. I have also considered the nature of the injuries suffered by the respondent and I find that the award of Sh 600,000 as general damages by the trial court was high and was not commensurate to the injuries sustained by the Respondent. I therefore substitute it with an award of Sh 400,000,” Justice Korir ruled.
The accident
Sang told the court that on 28th October 2018, he was aboard motor vehicle registration number GKB 767G when he was involved in a road traffic accident with motor vehicle registration number KBY 005A/ZE 1294 along Silibwet-Kapkoros road.
It was the respondent’s case that the Menengai was the registered owner of motor vehicle registration number KBY 005A/ZE 1294.
Sang argued that Menengai’s vehicle was negligent in the accident which left him suffering from a right superior and inferior rami fracture, a left inferior pelvic rami fracture and a left parietal scalp laceration of 4cm.
In its statement of defence, the company denied the occurrence of the accident on 28th October 2018 and further denied that Sang was aboard motor vehicle registration number GKB 767G.
The appellant also denied being the registered owner of motor vehicle registration number KBY 005A/ZE 1294.
The company argued that if the accident occurred then it was caused by the negligence and recklessness of the respondent.
The appellant further stated that if the accident occurred, then it was outside its scope or control and could not be held liable.
In addition, Menengai denied that Sang suffered any injuries.
Consent on liability
However, the court noted that the parties recorded a consent on liability on 21st July 2022 to the ratio of 80:20 in favour of the respondent.
“The consent was then adopted as an order of the court and was given due effect in the Judgement,” the judge noted.
The court heard that in the course of the trial at the lower court, parties entered a consent on liability.
“At the close of the trial, the court rendered its judgement on 15th December 2022 and awarded the respondent the net total of Sh 480,000.” the judge read.
Being aggrieved with the judgement of the trial court, Menengai filed their Memorandum of Appeal dated 26th January 2023 appealing against the quantum.
The company argued that, among other things, the learned trial Magistrate grossly misdirected herself in treating the evidence and submissions on quantum before her superficially and consequently coming to a wrong conclusion on the same.
The company submitted that the General damages of sh 600,000 were high, adding that according to Sang’s medical report and discharge summary, he suffered a deep cut on his scalp and reported a severe headache, chest pain and pain on his right hip that limited some of his movement.
Menengai proposed that an award of Sh 150,000 would be a fair estimate.
Justice Lagat ruled that when Sang was cross examined, he stated that he underwent a pelvic x-ray scan but could not produce the x-ray scans as evidence.
It was the judge’s ruling that Sang’s medical report listed the injuries in detail, therefore, no reason to doubt the type of injuries he suffered.
“Given the above analysis, it is my finding that the respondent suffered the injuries as stated in the plaint,” the judge ruled.
