Mauzu v Batson & Anor. (Personal Injury 77 of 2014) [2017] MWHC 103 (16 June 2017)

JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY PERSONAL INJURY CAUSE NO. 77 OF 2014 BETWEEN CHARLES MAUZU a minor (through next of kin JANE MAUZU) ............. PLAINTIFF WILD BATSON ............... ................ .................. ............ ........................ 15r DEFENDANT AND PRIME INSURANCE COMPANY LIMITED ............... .... ........ .............. 2ND DEFENDANT CORAM - HER HONOUR MRS E. BODOLE Ulaya, of Counsel for the Plaintiff Ngwata, of Counsel for the Defendant Mrs. Ngoma, Court Clerk ORDER ON ASSESSMENT OF DAMAGES Introduction The plaintiff compensation for personal entered against is a minor and commenced this action against on liability injuries. Judgment the defendants for personal injuries the defendants. The matter has now come for assessment seeking was of damages. I m on assessment o f damages which were useful to this court. ust thank Counsel for the plaintiff and defendant for the authoriti es The Evidence of the accident registration number MJ Canning Factory. injuries sustained As a result report at Mulanje the plaintiff On 17th May, 2015 the plaintiff was hit by motor vehicle 5331 Toyota Hiace minibus driven by the pt defendant He was then aged 7 years. and losses. The medical 12th September, on both legs, multiple wounds on the right shoulder, and deep cut wounds on the left and right legs. He was admitted in hospital days. He was treated fractures he feels severe for 9 from 27th May, 2014 to 20th June, 2016. The deformity of the left leg and as an out-patient and wounds healed but he has a permanent 2014 shows that the plaintiff sustained fracture which was marked Exhibit P.2 and was issued on wounds on the face, multiple s of the tibia/fibula persistent pain on the site. He is unable to walk long distances. next of kin, Jane Mauzu, testified The plaintiff's the left leg and is unable to walk long distances. unable to go to school most times. The left leg is bent and it was not like that before �he accident. This court feels pain in As a result of the pain he is noted that he walks still that the plaintiff with the left leg bent sideways. is claiming damages for pain and suffering, The plaintiff and disfigurement. for obtaining the medical and Police General a sum of K3,000 and Kl0,500 as special damages reports respectively. of life loss of amenities He is claiming Law on Damages A person who suffers the remedy of damages. non-pecuniary losses. compensate v Prime Insurance C bodily injuries due to the negligence Such damages are recoverable to of another and for both pecuniary the award of the damages is to is entitled The principle underlying the injured party as nearly as possible ). o. Ltd Civil Cause No. 1 77 of 2012 (unreported as money can do it - Elida Bello The damages cannot be quantified formula but by use of experience similar decided cases of a broadly 2 AC 773. er, considers the time the a The court, howev in monetary terms by use of a mathematical and guidance nature - Wright v British Railway Board [1983] affordable by awards made in wards were made and devaluation currency 202 of 2002. - Kuntenga and Another v Attorney General Civil Cause No. damages special General v Attorney of life. These are assessed ng, loss of amenities and must be pleaded Insurance by the court. Pecuniary and proved. The non-pecuniary head of damages include pain and sufferi of life and loss of expectation loss is also called Benetollo of 1993 (HC) the court held that reasonable [1992] were special court awarded the defendant, in the circumstances 15 MLR 404 (HC) the court did not allow the claim for loss of profits pleaded that had to be specifically the period In Phiri v Daudi as these proved. The was with damages the plaintiff and strictly the vehicle where a party has not proved special and use of the vehicle. on the basis that during compensation can be awarded. and National Co. Ltd Civil lost profit Cause No. 279 damages damages -In Renzo Pain and Suffering or to any necessary by a person who knows that surgical the condition and mental anguish is attributable or who being severely -Sakonda of life has been reduced to which he has been reduced to the plaintiff's injury such as that suffered Pain and suffering operations his expectation realizes Appeal Cause No. 67 of 2013. It is clear from the evidence suffered wounds on the right shoulder, on the left and right legs. He was admitted as an out-patient has a permanent deformed in hospital for close to a month. The fractures of the left leg and he feels severe deformity from pain. part. This means that he is still suffering great pain. He sustained of the tibia/fibula fractures multiple for 9 days. He was treated and wounds healed but he persistent pain on the incapacitated, Civil v S. R. Nicholas that the plaintiff on both legs, multiple wounds on the face, and deep cut wounds Loss of Amenities of Life of the plaintiff's capacity -Kanyoni v Attorney to deprivation is attributable he formerly enjoyed 13 MLR 169. It means that he is incapable Loss of amenities in some sport or past-time which [1990] General that the plaintiff activities he used to do. It is is unable to enjoy life as he used to. He is unable to walk long distances feels pain in as he still of the pain he is unable the left leg and is unable to walk long distances. to go to school As a result This is a very unfortunate clear from the evidence circumstance of performing some as the plaintiff most times. to engage very young. His absence from school will affect his grades and future. that school is the gateway It is common knowledge future. He is still has a bleak academic for a better tom orrow. Deformity/Disfigurement is a limitation either physically or mentally for someone to do what any In Ching'amba v Logistics Ltd Civil Cause No. 2888 of 2007 the court stated that It is something that in this court shows that Disability other person can do without reasonable accommodation. Deerless disfigurement is not a matter to be taken lightly one has to live with permanently. left leg is the plaintiff's noted that he walks with the left leg bent sideways. on this leg. This means that he is deformed for life. This court He has a permanent deformity bent and it was not like that before the accident. and casually. adduced The evidence Award of Damages v Charter Insurance Company Ltd Civil Cause No. 915 of 2012 the a wound on the head and had hair scrapped off. He also suffered for pain and suffering of the left tibia and fibula suffered In Malisewo plaintiff a fracture abrasions and bruises, K2,100,000.00 for disfigurement. in the present by the plaintiff in the case Malisewo the plaintiff award the plaintiff I, therefore, suffering, for disfigurement. Kl,000,000.00 and was hospitalized I on the left leg, soft tissue injuries with a sum of for 21 days. He was awarded of life and K600,000.00 and loss of amenities The award was made on 29th October case are more or less similar v Charter Insurance a sum of Kl,500,000.00 of life, as loss of amenities suffered 2012. The injuries by to the ones suffered case. Company Ltd (supra) for pain and as damages as damages and K800,000.00 to be pleaded and proved. are supposed damages Special show that the plaintiff from Mulanje report medical money had been spent, court is mindful in order to obtain expended the amount he is claiming District Hospital. that should have been shown to the court. This is a free hospital There is no evidence for obtaining to the so if some However, this from home fair and for that is to the hospital of the fact that the plaintiff the medical report. Reasonable had to travel compensation just. I, therefore, report. award him a sum of K2,500.00 as costs for obtaining the medical I also award the plain report, and also award him c osts of the action. tiff a sum of K3,00 0.00 as costs for o btaining the Police Conclusion In conclusion, the plaintiff is hereby awarded costs of the action. a total sum of K3,305,500.00 and Pronounced in chambers this 16th day of June, 2017 at Blantyre. M� EDNA BODOLE {MRS) ASSIST ANT REGISTRAR 5