Court awards minor Sh600k in damages after road accident

The High Court has awarded Sh600,000 in damages to a minor who suffered skull fractures following an accident along the Bomet-Narok road.

Bomet judge Julius Ng'arng'ar overturned a magistrate's decision that dismissed the case after finding the vehicle owner liable.

The judge ruled that the registered owner of the vehicle, Uzuri Foods Limited, was liable for the accident even though the driver was never joined as a party.

The appellant, EK, suing through his father, was struck by the vehicle as he walked along the road on May 16, 2023. 

The boy suffered physical and psychological pain as well as significant blood loss.

He sustained a head injury with loss of consciousness, skull fractures, chest contusion, deep cut wounds on the head, hand and leg and blood loss.

When the matter first went to trial in the magistrate’s court at Sotik, the resident magistrate dismissed the suit entirely.

The trial court dismissed the suit on the ground that the appellant had not sued the driver of the lorry and had failed to establish any employer-employee relationship between Uzuri Foods and the driver.

His father then moved to the High Court.

He told the judge that failure to plead the particulars of the driver was not fatal, claiming he had proved that the respondent’s car caused the accident.

"It was the appellant’s submission that a person in control of a motor vehicle need not necessarily have an agent relationship with the registered owner of the motor vehicle for vicarious liability to arise…That is where it has been proved that a motor vehicle caused an accident, the registered owner was responsible,” he argued.

The company however, sought to maintain the dismissal, arguing "mere ownership of a motor vehicle did not establish vicarious liability.

The company also contended that there was "no evidence to demonstrate the existence of an employer-employee relationship" between the firm and the driver.

In his judgment on May 5, Ng'arng'ar held that once ownership of the vehicle and the occurrence of the accident are proved, a presumption arises that the driver was a person for whose negligence the registered owner is responsible. 

The court cited previous decisions in which the Court of Appeal held that where it is proven that a car has caused damage by negligence, a presumption arises that the driver was a person for whose negligence the registered owner is responsible.

The judge further noted that the company had failed to provide any evidence to challenge the appellant's testimony.

The court reviewed the severity of the minor's injuries and awarded a total of Sh623,015, comprising Sh600,000 in general damages.

“In regards to the special damages, the appellant pleaded Sh6,500 for the medical report, Sh550 for the motorcycle search and Sh17,465 for medical expenses…I hereby award Sh23,015 as special damages,” Ng'arng'ar ruled.