A Court in Baringo has awarded Sh4 million compensation to an 8-year-old boy for injuries caused in a road accident three years ago.
The minor through his mother had filed a suit against Crown Bus Limited at Eldama Ravine Principal Magistrate Court following an accident in which he lost his right leg above the knee by amputation.
The trial court on March 26, 2019, ordered the bus company to pay the minor Sh4, 543, 776 but Crown Bus appealed the decision saying the award was in excess. The company claimed the trial magistrate erred in awarding the minor Sh3 Million as general damages and Sh1.3 million for the cost of an artificial limb.
Kabarnet High Court Judge Justice Edward Muthoga Muriithi partially allowed the appeal by Crown Bus Services Limited and reviewed the award to Sh4, 043,776. He lowered the award for general damages to Sh2.5 million.
“I consider that an award of Sh2,500,000 in general damages for pain and suffering and loss of amenities would meet the justice of this case coming up for judgment in 2019 from whence interest shall run until payment in full,” read the ruling by Judge Muriithi.
The court dismissed the objection that the award of Sh1.3 million for the cost of the artificial limit was excessive. The judge noted that no serious contest was mounted against the award of Sh1.3 Million as Crown Bus did not offer any alternative costing of a prosthesis and or of the frequency of replacement thereof given by the doctor.
“The appellant (Crown Bus) succeeds as regards the quantum of general damages for pain suffering and loss of amenities but fails on the future medical costs of the artificial limb,” ruled the court.