JOYCE WATIRI vs JAMES KARIUKI & ANOTHER [2000] KEHC 294 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAT NAIROBI CIVIL CASE NO.386 OF 1993

JOYCE WATIRI …………………………………. PLAINTIFF VERSUS JAMES KARIUKI & ANOTHER …………..…. DEFENDANTS

J U D G M E N T The Plaintiff’s claim arises out of a traffic road accident which occurred on the 28th September, 1991 involving a motor vehicle registration number KAA 520x in which the Plaintiff was travelling as a lawful fare paying passenger. The Plaintiff told the court that on the material date she boarded the defendant’s Mini Bus Registration Number KAA520x at Uthiru to Kangemi. She paid Shs.3/= when she reached her destination the bus stopped. But when she was alighting the conductor held her while the driver drove away. As a result she fell down and sustained the following injuries.

Fracture on the pelvis; multiple bruises and lacerations and partial disability on the left leg. She was rushed to Kenyatta National Hospital where she was admitted for 5 days, before she was discharged she was attended to by Dr. Munene P.W.2 who confirmed the injuries and prepared the medical report. She paid him Shs.1000/= for which she produced a receipt Exh.1.

The defendant did not offer any evidence in defence. The Plaintiff has proved her case. I now proceed to assess the general damages.

Counsel for the Plaintiff suggested a figure of Shs.200,000/= general damages and cited two authorities, which I have considered. Having considered the injuries sustained by the Plaintiff, it is my humble opinion that a figure of Shs.180,000 would be adequate compensation for the Plaintiff. Special damages were proved at Shs.1000.

Accordingly there shall be Judgment for the Plaintiff and against the defendant forShs.181,000/= with costs and interest.

Dated and Delivered at Nairobi this 8th day of February, 2000

J.L.A OSIEMO JUDGE