Machinjiri v Ibrahim & Prime Insurance Co Limited (Civil Cause 786 of 2001) [2002] MWHC 87 (7 November 2002)

‘ /cOUR™ | IN THE HIGH COURT OF MALAWI Sam | \yBRARY | PRINCIPAL REGISTRY J Gas ance CIVIL CAUSE NO 786 OF 2001 he, BETWEEN: FLORENCE MACHINUIRI...........0......0::.002.. PLAINTIFF AND MUHAMMED K IBRAHIM ......................-.-..... 187 DEFENDANT PRIME INSURANCE CO. LTD ........................2“° DEFENDAN CORAM: POTANI, REGISTRAR SS ‘ Chalamanda, Counsel for the Plaintiff \ eo N. ne et he ORDER ON ASSESSMENT OF DAMAGES YC f SZ In this action, the plaintiff is suing for damages for injuries she suffered arising from a road traffic accident involving a minibus owned by the 1° defendant and insured by the 2™ defendant. This assessment of damages is in pursuance of a default judgement entered in favour of the plaintiff. The hearing of the evidence on the assessment proceeded in the absence of the defendants. They had, however, been duly served with the requisite notice. According to the plaintiff, the accident giving rise to this action occurred on July 27, 1999. As he result of the accident, she got injured on the back, stomach, forehead, right side of the face and pelvis. When taken to the hospital, the stomach which was raptured had to be operated on. The deep wounds he had on the forehead and right side of the face were stitched. Her legs were put in a suspended position due to the fracture the pelvis suffered. She tendered a medical report, exhibit ‘P1’, which describes the nature extent and effects of the injuries she sustained. In addition, she ANA ete le ng Fa een tender an X-ray report as exhinit ‘P2’ and a Hospital discharge certificate as exhibit ‘P3’. The plaintiff further had it that due to the injuries, she felt severe pain especially in the bones. For quite some days, she was unable to walk or speak and was only being fed liquids using a spoon. On her present condition, it was her testimony that the major problem she faces is that she cannot properly control her urinary system. She also experiences pains on the leg with the result that she does not enjoy a peaceful sleep. It is trite law of tort that a person who suffers bodily injuries due to the negligence of another is entitled to recover damages. It was held in Cassell and Company v. Broome 1972 AC 1027 that the principle underlying the award of damages is to compensate the injured party as nearly as possible as money can do. Damages, therefore, ought not be used as a means of punishing the wrongdoer. There can be no doubt that the injuries the plaintiff suffered occassioned considerable pain and suffering. This is very clear from her uncontroverted evidence which also is that at present she still feels pains on the affected leg. In addition, her urinary system does not function normally. | have had occasion to look at awards made is recently decided cases of a comperable nature but at the same time | bear in mind that no two cases can be alike in all respects. Considering the circumstances of this case, an award of K160,000.00 for pain and suffering and loss of amenties of life would be fair and adquate. The plaintiff is also awarded costs of this action. Made in Chambers this day of November 7, 2002. EGISTRAR