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Reckless driver ordered to pay $24,000

by Mashudu Netsianda
05 Nov 2015 at 23:18hrs | Views
A RECKLESS Bulawayo motorist has been ordered to pay a family more than $24,000 in compensation for causing injuries and damaging their vehicle.

Bulawayo High Court judge Justice Kamocha ordered Francis Cummings Albert of Suburbs to pay James Greenland and his siblings, Gerald and Nathan $24,674 for injuries they sustained when he failed to obey a road sign resulting in an accident.

Justice Kamocha's ruling follows an application by the three Greenland brothers seeking an order compelling Albert to compensate them for medical expenses incurred as well as damages for pain and suffering endured as a result of the accident which occurred last year.

In court papers, the Greenland brothers, who are the applicants in the matter, were claiming $44,134 from Albert who was cited as the sole defendant.

Justice Kamocha reduced the amount to be paid to them to $24,674.

"Judgment be and hereby granted against the respondent to pay James $55 being the actual medical costs and $500 being for pain and suffering endured as a results of the accident. Defendant to pay Gerald the sum of $13,090 for medical costs incurred and $1,529 being future medical costs and $3,500 for the pain and suffering," ruled Justice Kamocha.

The judge also ordered Albert to pay Nathan $6,000, the value of his car that was damaged beyond repair as a result of the accident. The judge ruled that Albert should pay the money with interest at the prescribed rate calculated from the date of summons to the date of full and final payment and the cost of suit.

According to court papers, Albert flouted traffic regulations by failing to give way to James who had the right of way at an intersection.

The incident occurred on August 21, 2014 along Leopold Takawira Avenue in Bulawayo. James was driving Nathan's car when the accident occurred.

The three applicants through their lawyers T Hara and Partners said Albert was liable for the damages they suffered as a result of the accident.

"The defendant is liable for the damages that the applicants suffered as a result of the accident that he caused by failing to adhere to the road sign regulations. One of the applicants lost his car which has been rendered a write-off and its value is pegged at $6,000 being the cost of replacement of a similar second hand car.

The applicants also incurred huge medical bills and x-ray examinations and one of the applicants will not be able to regain his proper fitness due to the serious injuries sustained following the accident," said the applicants' lawyers.

Source - chronicle