A FARMER from Banket in Mashonaland West province has successfully sued a local transport company for causing an accident that resulted in him sustaining severe injuries.
Daniel Simbarashe Kaplin dragged transporter, Cargo Carriers to the High Court claiming US$23 600, citing the driver of the lorry, Big Naison and Econet Insurance Company as respondents.
He sued the respondents for US$23 600 in damages following a road traffic accident that took place along the Harare-Chirundu Road.
He demanded US$10 800 as replacement value of his damaged Mercedes Benz vehicle, US$1 800 for medication and allied costs, US$260 towing fees, US$6 000 for pain and suffering endured and US$5 000 for loss of earnings from farming activities including the costs of suit.
According to court documents, on February 8, 2021 Kaplin was driving his vehicle along the Harare-Chirundu Road with his pregnant wife Praise Pesanai seated in the passenger seat.
Naison was driving his truck registered in Cargo Carriers’ name, heading towards Harare.
At the 84km peg, Naison negligently encroached onto Kaplin’s lane and when the truck swerved back into its lane, the trailer collided with Kaplin’s vehicle.
Naison and his employer opposed the claim, but Econet did not file opposing papers.
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Naison and Cargo Carriers denied liability challenging the quantum and also said the name that was used was non-existent. They also opposed the quantum of the claim saying Kaplin failed to substantiate in his submissions.
However, Chinhoyi High Court judge Justice Philda Muzofa ruled that Kaplin’s claim was for both specific and general damages.
In the ruling, Muzofa outlined: “Special damages are those damages that have occurred or have been incurred and can be calculated with precision. One way in which special damages are proved is by the production of invoices or receipts showing the expenses that were incurred.
“These are damages capable of precise proof as they are what the plaintiff will have incurred which is calculable. In considering such damages the court considers the facts and circumstances of the case and the injuries suffered by the plaintiff, including their nature, permanence, severity and impact on the plaintiff’s life.
“In the process the court considers the trend of awards in similar cases including the economic environment affecting such awards.”
She also noted that while the damages were not capable of precise calculation, Kaplin was still expected to speak to the quantum of the claim.
“The court is not expected to speculate on the quantum of damages to award where no quantum has been testified to. From the documentary evidence placed before the court, the plaintiff (Kaplin) made out a prima facie case,” Justice Muzofa said.
She ruled that Kaplin be compensated for damages to his vehicle, pain and suffering claim and loss of earnings.
Muzofa, however, ordered Kaplin to provide the court with receipts for medication and towing.
