News / National
$36 000 damages for crash victim
03 Dec 2018 at 06:49hrs | Views
A Harare woman who suffered life-changing injuries in a kombi crash has reason to smile after the High Court awarded her more than $36 000 in damages, five years after the horrific accident that killed the driver on the spot.
Teresah Mahanda was a passenger on a Toyota Hiace driven by Tawanda Madzimbamuto, when the accident occurred near the National Sports Stadium, resulting in the death three people, including the driver.
Ms Mahanda, who sustained severe injuries, sued the owner of the kombi, Mr Handson Mukoki, for $45 730 for damages, including pain and suffering, loss of future earnings and permanent disability.
She claimed that Madzimbamuto was employed by Mr Mukoki and was involved in the accident in the course and scope of his service. Though Ms Mahanda had sought $45 730 in damages, Justice Mary Dube reduced the claim to $36 405 plus interest at the prescribed rate.
In granting the award, Justice Dube considered that Ms Mahanda was still young and would have been able to get alternative employment after terminating her contract. "It appears that she may not be able to do any manual work in the future due to the injuries she sustained," she said.
Justice Dube said in view of the circumstances of the case she decided in the exercise of her discretion to award her equivalent of 10 years' salary.
On the fateful day, the kombi that was speeding, burst a tyre and Madzimbamuto lost control of the vehicle and it hit an electric pole, killing three people on the spot. Mr Mukoki denied that Madzimbamuto was employed by him.
Teresah Mahanda was a passenger on a Toyota Hiace driven by Tawanda Madzimbamuto, when the accident occurred near the National Sports Stadium, resulting in the death three people, including the driver.
Ms Mahanda, who sustained severe injuries, sued the owner of the kombi, Mr Handson Mukoki, for $45 730 for damages, including pain and suffering, loss of future earnings and permanent disability.
She claimed that Madzimbamuto was employed by Mr Mukoki and was involved in the accident in the course and scope of his service. Though Ms Mahanda had sought $45 730 in damages, Justice Mary Dube reduced the claim to $36 405 plus interest at the prescribed rate.
In granting the award, Justice Dube considered that Ms Mahanda was still young and would have been able to get alternative employment after terminating her contract. "It appears that she may not be able to do any manual work in the future due to the injuries she sustained," she said.
Justice Dube said in view of the circumstances of the case she decided in the exercise of her discretion to award her equivalent of 10 years' salary.
On the fateful day, the kombi that was speeding, burst a tyre and Madzimbamuto lost control of the vehicle and it hit an electric pole, killing three people on the spot. Mr Mukoki denied that Madzimbamuto was employed by him.
Source - the herald
