Kamanga v Cilcon Ltd (Civil Cause 884 of 1994) [1994] MWHCCiv 25 (14 December 1994)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NO. 884 OF 1994 NELSON KAMANGA . . . . . . . . . . . . . . . . . . . . ... PLAINTIFF -and- CILCON LIMITED . . . . . . . . . . . . . . . . . . . . . . . DEFENDANT CORAM : TWEA EB, REGISTRAR MSISHA OF COUNSEL FOR THE PLAINTIFF DEFENDANT COUNSEL ABSENT ORDER This action was brought by plaintiff who claimed damages the defendant injuries sustained during an accident in for vehic le. It was the evidence of the plaintiff that when the accident the happened he was not aware. hospital after his wounds had been dressed. He noted that he was injured on the forehead which wound was sutured and that he He did not He felt a had wounds on sustain any fracture, but he was in hospital for one month. to his senses at lot of pain. the arm. came He Th e plaintiff testified that as the defendant dismissed him when they then he has not been them. employment because he was seen to be weakne ss. S ince a result of the accident learnt that he would sue to get comperable able lazy due to his physical As a Result the plaintiff claim damages for pain suffering and loss of amenitites, disfigurement and los~ of earnings. At the end of the plaintiffs case the parties made submissions and referred this court to several decided cases. It is not disputed of pain and suffering. is also This tale. plaintiff has suffered. K3,000. that plaintiff must have sustain ed a lot The scars left by the injuries tell the the the disfigurements proof of I award For the pain and suffering. that 2/ .... - 2 - On t he disfigurement I note that the scars are quite ugly and those will be an embarrassment to the plaintiff for the rest that he is already marri ed and has of his life. childre n does not, in my view, mitigate the disfiguremen t to his face. I would grant him K5,000 on that head. fact The 1As to loss of amenities it is on PEXII that he h as suffered I place no weight on PEXI as the evidence I there was progression in plaintiffs reco very. a disabi lity of 3%. that shows would thus award K3,000 on thus head. He f o und a I award nothing on loss of earning. The plaintiff did not job after his recovery with Mandala stay idle. to shortage of Building Construction and was cement . There is no suggestion that this employ ment was less compete t ive or that he lost his job for any reasons connected with t he accident. These are the vicissitudes of th e industry. I I do not see why this should be attributed to defendants. t hus grant nothing on this head. laid off due In all I grant plaintiff sum award of Kll,000 with costs f or .this action. Pronounced in chambers this 14th day of December, 1994 at Blantyre. I "113 Twea REGISTRAR OF THE HIGH COURT