Legal Ruling in Road Accident Case
In a recent ruling, the High Court at Kisumu partially allowed an appeal by Easy Coach Limited and its driver, reducing the general damages awarded to a passenger injured in a 2020 road accident. However, the court upheld the trial court’s finding of full liability against the appellants.
The case centered around Edward Odwaro Ondhoro, who was awarded Sh1,200,000 in general damages and Sh46,057 in special damages following a collision between an Easy Coach bus and a lorry near Awasi on February 1, 2020. At the time of the incident, Ondhoro was a passenger and sustained a fractured jaw, lost four upper teeth, and suffered soft tissue injuries to his tongue, forehead, and lower limbs.
Ondhoro filed a lawsuit in 2021, and the trial court found the appellants 100% liable for the accident. In their appeal, Easy Coach and the driver, Omondi, challenged the general damages award, arguing that the respondent had not produced initial treatment notes and that the amount awarded was excessive. They proposed a lower award of Sh300,000, citing comparable case law.
Despite this, the appellants did not dispute the fact that the respondent was injured as a result of the accident. The injuries were corroborated by Ondhoro’s oral evidence and a police abstract presented in court. However, the High Court found that the respondent had adequately proven his injuries through a P3 form and a dental treatment report, both admitted by consent.
The court noted that the appellants did not present any evidence to rebut the respondent’s claims or submit a medical report from a second examination they had arranged. Justice Alfred Mabeya ruled that the failure to produce initial treatment notes was not fatal, as it did not diminish the effectiveness of the P3 form and the Dental Treatment Report that were produced in evidence.
Nonetheless, the court agreed that the general damages awarded were inordinately high. After reviewing comparable precedents, the judge reduced the general damages to Sh1,000,000.
“Accordingly, this Court reduces the award of Sh1,200,000 to Sh1 million, considering the nature of the injuries sustained. The award of costs and interest remain undisturbed,” the judge stated.
The award of special damages remained unchanged, and each party was ordered to bear its own costs.
“The appeal is successful. I set aside the award by the trial court on general damages and substitute therefor with an award of Sh1 million. The award of special damages remains undisturbed. Each party shall bear its own costs.”
Key Points from the Ruling
- Liability Determination: The court upheld the trial court’s finding of full liability against Easy Coach Limited and its driver.
- Evidence Presented: Ondhoro provided a P3 form and a dental treatment report, which were accepted as evidence without challenge.
- Reduction in Damages: Although the court acknowledged the severity of the injuries, it found the original general damages award to be excessive and reduced it to Sh1 million.
- Costs and Interest: The award of costs and interest remained unchanged, and each party was responsible for its own expenses.
- Impact of the Ruling: This decision sets a precedent for similar cases involving road accidents and damage awards.