Ndakhala v Phiri and Another (Personal Injury Cause No.176 of 2014) [2019] MWHC 108 (11 July 2019);

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IN THE HIGH COURT OF MALAWI

PRINCIPAL REGISTRY

PERSONAL INJURY CAUSE N0.176 OF 2014

 

BETWEEN:

MIKE  NDAKHALA ...............................................................................................................CLAIMANT

AND

ANTHONY SAWETA PHIRl. .............................................................................1st DEFENDANT

PRIME INSURANCE CO. LTD........................................................................... 2ND DEFENDANT

 

CORAM: Mrs T. SOKO   Assistant Registrar 

Mr Jere                         Counsel for the claimant

Miss Longwe                Counsel for the claimant

Miss Banda                  Counsel for the defendants

N. Munthali                   Official Interpreter

 

ORDER ON ASSESSMENT  OF DAMAGES

The claimant took an action against the defendants claiming damages for pain and suffering, loss of amenities of life, disfigurement, special damages and costs of the action. The facts are that on 16th December 2013, the 1st defendant was driving a motor vehicle registration number KU 2747 Toyota Dyna from the direction of Limbe heading towards  Zomba. Upon arrival at Fisimatama, the 1st defendant lost control of the motor vehicle and went offside ditch where the vehicle overturned. As a result of the accident, the claimant sustained personal injuries. Judgment on liability against the defendants was entered on 23rd October 2017.

On the date of assessment, the claimant appeared as the sole witness. He adopted his witness statement where he stated that as a result of the accident he sustained traumatic wounds, multiple bruises on the 1st, 2nd, 3rd and 4th fingers and soft tissue injuries. He said he received treatment at  Zomba Central Hospital. The claimant tendered police and medical reports as part of evidence.

In submissions, Counsel for the claimant submitted that the claimant should be awarded a sum of K3, 000,000.00 as damages. Counsel for the defendant undertook to file submissions but the same were not on the Court file.

In the present matter, the evidence is clear that the claimant sustained traumatic cut wounds, bruises and soft tissue injuries. He bled from head and fingers. The wounds were sutured and he healed with scars on the forehead. The report is clear that the claimant will have difficulties to perform his previous job, manual work and engage himself in sporting activities. In Frank Vashco vs Farrok Haquin & Olympic Bakery, personal injury Cause No. 1043 of 2015 the claimant sustained a deep cut wound on the head, multiple facial bruises and a cut wound on the right palm. The court awarded the claimant a sum of K4, 100,000.00 as damages for pain and suffering and loss of amenities of life. The award was made on 1Qth March 2016. In Chimwemwe Lomani (Minor suing through Lomani Chingeni, next friend) vs Mathews Gama and Prime Insurance Co Ltd Civil Cause No. 2301 of 2015 the claimant suffered multiple bruises on the knees, multiple bruises on the elbows and painful right foot. The Court awarded him the sum of K1, 900,000.00 as damages for pain and suffering and loss of amenities of life. The award was made on 13th October 2015.

In the light of the foregoing I award the claimant a sum of K2, 500,000.00 in all heads of damages. Costs are for the claimant

Made on this 11th day of July 2019

 

T. SOKO

ASSISTANT REGISTRAR