Kayamba v Combat Security Services (Civil Cause 2389 of 2000) [2002] MWHC 89 (20 March 2002)

ea ae , £ Las . Oo " /co 2 IN THE HIGH COURT OF MALAWI a | PRINCIPAL REGISTRY NPL CIVIL CAUSE NO. 2389 OF 2000 NO BETWEEN: TS Rec seeiracieatasurnerprnesngeecemmracermnemmn nen amen a eGabesaleeaiaar . PLAINTIFF AND GOMBAT SECURITY SERVICES .......:..:.ccncsecramconsmomeencnons CORAM: POTANI, REGISTRAR Chisale, Counsel for the Plaintiff ORDER ON ASSESSMENT OF DAMAGES This is an action for damages for personal injuries arising from a road traffic accident attributed to the negligence of the defendant’s servant. In the statement of claim, the plaintiff claims damages for pain and suffering, loss of amenities and loss of earning capacity. The issue of liability stands settled following a default judgement of September 18, 2000. The task | have is to consider the quantum of damages recoverable by the plaintiff. The defendants were duly served with the notice of the assessment. Come the hearing day, the defendants never appeared. It was the plaintiffs undisputed evidence that on December 2, 1996, he was employed by the defendants as a Security Officer. He was initially stationed in Blantyre. Later he was moved to Lilongwe. On August 29, 1998, the plaintiff was summoned to Blantyre by his superiors. He set out for the journey to Blantyre on his employers vehicle. Eight days later, on September 6, 1998, he was shocked upon realising that he was in hospital at Dedza. He was informed that the police brought him to the hospital on August 29 after he was involved in an accident at a Police Road Block point. He noticed that his left leg was broken. There were some stitches on the forehead and below the lower lip. The face was slightly deformed and some teeth were broken. Ean, - Ti RN ey See , 4 ad a Nee" On September 9, 1998, he was transferred from Dedza Hospital to Queen Elizabeth Central Hospital. He was discharged on September 30, 1998. He tendered as exhibit P1, a medical report describing the nature, extent and effects of the injuries he suffered. On his present condition, it was the plaintiff's evidence that he cannot do any work that requires bending the back. He experiences severe chest pains and mouth and nose bleeding whenever he tries to bend his back. He still has to constantly take some drugs as evidenced by prescriptions contained in exhibit P2 (a) and P2 (b). Due to the incapacity rendered by the effects of the injuries, on March 9, 1999, the defendants terminated the plaintiffs services. The letter of the termination was _" tendered as exhibit P3. Considering the nature and extent of the injuries the plaintiff suffered as described © by the plaintiff in his testimony and the medical report exhibit P71, it is quite obvious, that the plaintiff underwent considerable pain and suffering. Even at present, he still % experiences severe chest pains and bleeding from the mouth and nose whenever \, ° he attempts to bend his back. This clearly demonstrates that he cannot lead the same life he used to lead before the accident as such he is entitled to an award for loss of amenities of life. Pain and suffering and loss of amenities of life are aspects that can not be quantified in monetary terms by use of any known arithmetical formula. The approach courts have developed is to use experience derived from the making of awards in the cases that come before them and guidance afforded by awards made in decided cases of a comparable nature. This ensures that there is general uniformity and consistency in awards made in cases of a broadly similar nature as was enunciated in Wright v. British Railways Board (1983) 2 All ER 773. | have had ococcasion consider the awards that have been made by this court in recently decided cases of a comparable nature. The purchasing power of the local currency has also been taken into account. | consider an award of K80,000.00 to be adquate for pain and suffering and loss of amenities of life. With regard to the claim for loss of earning capacity, there is sufficient evidence that due to the effects of injuries the plaintiff suffered, he can hardly do any work that requires bending the back. Indeed, the defendants terminated his services on that account. | consider an award of K70,000.00 to be fair and adquate for loss of earning capacity. In total the sum awarded to the plaintiff comes to K150,000.00. In addition, the plaintiff awarded costs of this action. Made in chambers this day of Marth 20, 2002, at BLANTYRE. sey.