IN THE HIGH COURT OF MALAWI
PRINCIPAL
REGISTRY
CIVIL
CAUSE NO. 556 OF 2003
BETWEEN:
AND
SHIRE BUS LINES LTD…………………………………..DEFENDANT
Kaphale,
Counsel for the defendant
This is
the court’s order on assessment of damages pursuant to a default judgment
entered in favour of the plaintiff on 16th April, 2003 for damages
for personal injuries sustained by the plaintiff in an accident caused by the
negligence of the defendants agent. The
accident took place on 11th September, 2003 along the Mzuzu/Karonga
road at Bale Full Primary School. In
that accident the plaintiff, who was aged 30 years and was a month pregnant
suffered cut wounds to her right and left foot.
The said
cut wounds were not severe. The
plaintiff also suffered multiple cut wounds on her knees.
The
medical evidence revealed that the plaintiff’s injuries were not serious in
nature but would only be so if her pregnancy had been disturbed. No evidence though was adduced as to the
presence of any adverse effect on the plaintiff’s pregnancy.
At the
time of the hearing of this assessment the plaintiff’s pregnancy had advanced
beyond several months and was clearly visible.
In the
premise’s this court shall consider the plaintiffs multiple cut wounds. And although the plaintiff feels pain on the
back of her neck this court does not find any connection between the same and
her injuries in the accident herein.
The
plaintiff could not move fast and was plagued by worries over her pregnancy as
a result of the accident herein.
The
plaintiff is entitled to damages having suffered personal injuries due to the
defendant’s agent’s negligence. See Cassel
and Company v. Broome (1972) A. C. 1027. The
damages are aimed at compensating the plaintiff for her injuries as nearly as
possible as money can do. See Livingstone
v. Rawyards Coal Company (1880) AC 25.
The
plaintiff’s loss herein is non-monetary in nature and it is not possible to
quantify it in monetary terms with mathematical precision. So this courts draws guidance from decided
cases of a comparable nature to arrive at the appropriate compensation due to the
plaintiff. That also ensures some degree
of general consistency and uniformity in civil justice in cases of a broadly
similar nature. See Wright v.
British Railways Board (1983) 2 A.C 773.
This court
has considered the plaintiffs injuries which are not serious. This court has also considered awards
recently made in cases similar to the instant one. One such case is that of Nyasulu v. The Attorney General
Civil Cause Number 571 of 2001 decided on 15th May,
2003. In that case the plaintiff
suffered a large bruise on his lower leg, cut wounds on 2 toes on his right
foot and cut wounds on his right hand.
The plaintiff in that case also experienced chest pains. A sum of K40,000.00 was awarded to the
plaintiff in that case.
This court
has also considered the cases cited by counsel for each of the parties herein
which it shall not reproduce herein.
In the
premises this court awards the plaintiff the sum of K20,000.00 as damages for
pain and loss of amenities of life.
Costs of
this action are for the plaintiff.
Made in
Chambers at Blantyre this August,
2003.