News / National
Tribal Logistics ordered to pay accident victim
04 Aug 2017 at 11:17hrs | Views
TRANSPORT company, Tribal Logistic has been ordered to pay $43 000 in damages to a man who got injured in an accident involving one of its trucks.
Adoniah Moyo sued the driver of the truck, Ernest Tshabangu, and Tribal Logistics, demanding $252 841,33 for medical expenses and other various damages, following an accident that injured him.
In his ruling, Bulawayo High Court judge Justice Maxwel Takuva said throughout the judicial action, it was not clear how much plaintiff is receiving from the National Social Security Authority.
"However, in view of the fact that all plaintiffs' limbs were affected by the injury, a 20% for contingencies would meet the justice of the case," he ruled.
"The figure would be $39 000 less 20% and that is $7 800, which amounts to $31 200, which I would round up to $31 000.
"Accordingly, judgment is, hereby, entered for the plaintiff and against the defendant as $5 000 being damages for pain and suffering, $8 000 being damages for disfigurement and loss of amenities of life, $31 000 being damages for loss of future earnings and costs of suit."
The lawsuit arose after a road accident involving a truck driven by Tshabangu and another car, in which Moyo was abode.
The court papers did not disclose where the accident happened and when.
The accident occurred when Tshabangu was employed by Tribal Logistics.
The company and the driver entered appearances to defend the lawsuit and in their plea, they denied liability to the plaintiff and averred that Tshabangu was not negligent in his driving, saying the accident was caused by negligence of the driver of the other vehicle, whom they accused of speeding.
Tshabangu and his employer denied that Moyo suffered any damages.
But Moyo submitted that prior to the accident, he was strong and healthy and since the crash, he has lost his job because he is no longer fit to work.
The truck had collided with the Datsun 120Y.
Adoniah Moyo sued the driver of the truck, Ernest Tshabangu, and Tribal Logistics, demanding $252 841,33 for medical expenses and other various damages, following an accident that injured him.
In his ruling, Bulawayo High Court judge Justice Maxwel Takuva said throughout the judicial action, it was not clear how much plaintiff is receiving from the National Social Security Authority.
"However, in view of the fact that all plaintiffs' limbs were affected by the injury, a 20% for contingencies would meet the justice of the case," he ruled.
"The figure would be $39 000 less 20% and that is $7 800, which amounts to $31 200, which I would round up to $31 000.
"Accordingly, judgment is, hereby, entered for the plaintiff and against the defendant as $5 000 being damages for pain and suffering, $8 000 being damages for disfigurement and loss of amenities of life, $31 000 being damages for loss of future earnings and costs of suit."
The lawsuit arose after a road accident involving a truck driven by Tshabangu and another car, in which Moyo was abode.
The court papers did not disclose where the accident happened and when.
The accident occurred when Tshabangu was employed by Tribal Logistics.
The company and the driver entered appearances to defend the lawsuit and in their plea, they denied liability to the plaintiff and averred that Tshabangu was not negligent in his driving, saying the accident was caused by negligence of the driver of the other vehicle, whom they accused of speeding.
Tshabangu and his employer denied that Moyo suffered any damages.
But Moyo submitted that prior to the accident, he was strong and healthy and since the crash, he has lost his job because he is no longer fit to work.
The truck had collided with the Datsun 120Y.
Source - newsday
