JW ( Suing Through His Father and Next Friend PKN) v Mwangi (Civil Case 17 of 2013) [2014] KEMC 6 (KLR) (23 October 2014) (Judgment) Neutral citation: [2014] KEMC 6 (KLR) REPUBLIC OF KENYA IN THE NYAHURURU LAW COURTS CIVIL CASE 17 OF 2013 PA NDEGE, AG. PM OCTOBER 23, 2014 BETWEEN JW ( SUING THROUGH HIS FATHER AND NEXT FRIEND PKN) . PLAINTIFF AND FRANCIS KARUMBA MWANGI ........................................................ DEFENDANT JUDGMENT 1. In this case, the plaintifi herein, JAMES WACHIRA, was involved in a road trafic accident along Engineer - Ol Kalau road at Rironi market where the defendant's vehicle, KYG 938, hit him and he sustained the following injuries:1. Soft tissue injuries of the lower back - left lumber region, 2. Soft tissue injuries of the left wrist joint, 3. Multiple bruises on the hands, 4. Bruises on the upper lip. 2. Parties agreed on 13.03.2014 on liability which was apportioned at 70% to 30% in favour of the plaintifi as against the defendant. 3. On 04.09.2014, the parties also agreed and produced the following documents by consent:1. Police abstract - PEXH. No. 1, 2. Treatment card - PEXH. No. 2A, 3. Receipt of Kshs. 1030/= - PEXH. No. 2B, 4. Discharge summary - PEXH. No. 3, https://new.kenyalaw.org/akn/ke/judgment/kemc/2014/6/eng@2014-10-23 1
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5. P3 form - PEXH. No. 4, 6. Medical Report - PEXH. No. 5A, 7. Receipt of Kshs. 5000/= - PEXH. 5B. 4. The issue herein is that of quantum. 5. Directions were taken on 04.09.2014 that parties were to file and exchange their written submissions on the issue by 9.00 am of 16.10.2014. The case was mentioned on 16.10.2014 as scheduled. Only the submissions for the plaintifis were in the file. 6. I have considered the submissions tendered by the plaintifi and have taken note the injuries proved herein. Comparable injuries should attract comparable awards subject to the question of infiation and rising cost of living amongst other considerations. The injuries sufiered in the case of KIWANJANI HARDWARE LTD. & ANOTHER =VRS= NICHOLAS MULE MUTINDA (2008) eKLR that was cited by the learned counsel for the plaintifi are clearly more serious than the soft tissue injuries pleaded and proved herein. I do feel that an award of Kshs. 170,000/= in general damages is adequate to compensate the plaintifi for the injuries sustained herein. I do therefore award him the same, subject to his 30% liability as apportioned herein. 7. Of the special damages pleaded, the plaintifi was only able to prove Kshs. 5000/= special damages vide PEXH. No. 5B. I do hereby award him the same subject to his 30% contribution on liability as consented to herein. 8. I do therefore enter judgment in favour of the plaintifi as follows: 1. Kshs. 119,000/= general damages for pain and sufiering; 2. Kshs. 3,500/= special damages. 9. TOTAL Kshs. 122, 500/= 10. Plaintifi to also get the costs of this suit. DATED, SIGNED AND DELIVERED AT NYAHURURU IN OPEN COURT THIS _23RD _ DAY OF OCTOBER_, 2014 ALOYCE-PETER-NDEGE AG. PRINCIPAL MAGISTRATE In the presence of; Court clerk: Milka Plaintifi's counsel: Mntureithi h/b A. Owuor Defendant's counsel: Abse https://new.kenyalaw.org/akn/ke/judgment/kemc/2014/6/eng@2014-10-23 2
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