Easy Coach bus company has been ordered to pay Sh2.7 million to the family of a primary school teacher who was run over by one of its vehicles.
Justice William Musyoka, sitting in Kakamega, upheld the decision of a lower court that had awarded Henry Charles Tsuma and Ambrose Jumbo Loka Sh2,766,544 for the loss of Josephine Weyanga Tsuma.
"I am not persuaded the trial court fell into any serious error in assessing damages under the Law Reform and the Fatal Accident Acts. I see no reason to disturb the same as it is not unreasonable in the circumstances. The deceased was survived by three minors and a widower and thus the ratio applied by the learned magistrate is proper,” the judge ruled.
In the 2017 appeal, the bus company and driver Benedictor Nyangaresi argued that the magistrate erred in awarding Tsuma and Loka the amount as compensation, saying the award was inordinately high, unmerited, unjustified, disproportionate, excessive and unreasonable.
“The learned trial magistrate applied an inaccurate multiplier in dependency ratio and failed to consider the correct factors," they said.
The company also said the magistrate erred by awarding special damages which had not been strictly proven and were "unjustified and unmerited".
Tsuma and Loka had sought compensation on account of injuries that they had sustained in the April 13, 2015, traffic accident at Joyland on the Kakamega-Mumias Road. Josephine was a pillion passenger.
They claimed the accident occurred when Nyangaresi "negligently and without any due care and regard drove the bus, causing it to lose control and run over the passenger who sustained fatal injuries.
They relied on the doctrine of the Highway Code and the Traffic Act and brought the action under the Fatal Accidents Act.
The deceased had four dependants. She was 33 years old and a P1 teacher earning a basic monthly salary of Sh19,323.
She was in good health and could have worked up to the mandatory retirement age of 60 years, the applicants said.
Easy Coach filed its defence, denying the contents of the plaint.
The trial court ruled on April 26, 2017, "The parties conceded to the issue of liability and judgment accordingly entered in favour of the plaintiff at a 70 per cent to 30 per cent ratio."
Justice Musyoka said, “I am not persuaded the appellants have established a case for me to interfere with the judgment of the trial court in their favour. Each party shall bear their own costs."
(Edited by R.Wamochie)
