News / National
Tombs Motorways Bus company to pay for accident
15 Apr 2016 at 06:50hrs | Views
A KWEKWE civil court has ordered Tombs Motorways Bus Company to pay a cross border trader R39,470 with interest as compensation for her property that was lost in an accident in May last year.
Privilege Mashawi lost goods in the bus accident that occurred along the Zvishavane-Shurugwi road, claiming the lives of three people.
Magistrate Vimbai Mutukwa ruled that Tombs Motorways Bus Company should shoulder the blame for the accident in which Mashawi lost her goods worth R39,470.
The company had denied liability arguing that it was the bus conductor Christopher Mandla who had entered into an illegal deal with Mashawi for her goods to be transported from Beitbridge and not the bus company itself. It argued that Mandla was supposed to pay the compensation.
However, Mutukwa ruled that Tombs Motorways must take full responsibility of the accident. She said the bus conductor was merely conducting his duties when he loaded Mashawi's goods which included televisions and beverages.
"The court finds that the conductor was acting within the scope of his duties when he loaded the goods on the bus. As such Tombs Motorways is ordered to pay Mashawi the amount she lost in the accident with a five percent interest.
"Furthermore, the bus company will foot the legal costs of the suit," ruled Mutukwa.Mashawi's lawyer Nomore Hlabano, told the court that the bus driver Willard Muchuweni was tired at the time when the accident occurred.
He said Muchuweni drove the bus for nearly 700km without adequate rest from Gokwe to Beitbridge and in no time he was on his way back to Kwekwe.
The lawyer also blamed Muchuweni saying as an experienced driver he should not have driven the bus with goods loaded together with passengers inside.
Privilege Mashawi lost goods in the bus accident that occurred along the Zvishavane-Shurugwi road, claiming the lives of three people.
Magistrate Vimbai Mutukwa ruled that Tombs Motorways Bus Company should shoulder the blame for the accident in which Mashawi lost her goods worth R39,470.
The company had denied liability arguing that it was the bus conductor Christopher Mandla who had entered into an illegal deal with Mashawi for her goods to be transported from Beitbridge and not the bus company itself. It argued that Mandla was supposed to pay the compensation.
However, Mutukwa ruled that Tombs Motorways must take full responsibility of the accident. She said the bus conductor was merely conducting his duties when he loaded Mashawi's goods which included televisions and beverages.
"The court finds that the conductor was acting within the scope of his duties when he loaded the goods on the bus. As such Tombs Motorways is ordered to pay Mashawi the amount she lost in the accident with a five percent interest.
"Furthermore, the bus company will foot the legal costs of the suit," ruled Mutukwa.Mashawi's lawyer Nomore Hlabano, told the court that the bus driver Willard Muchuweni was tired at the time when the accident occurred.
He said Muchuweni drove the bus for nearly 700km without adequate rest from Gokwe to Beitbridge and in no time he was on his way back to Kwekwe.
The lawyer also blamed Muchuweni saying as an experienced driver he should not have driven the bus with goods loaded together with passengers inside.
Source - chronicle
