BY SILAS NKALA
Bhekimpilo Nyoni made the claim in summons filed at the Bulawayo High Court on May 17 citing the bus company, its driver and Regal Insurance and Insurance Council of Zimbabwe, as respondents.
He said the compensation was for medical expenses, emotional shock, damages and other expenses incurred following the accident which he claimed caused a 20% permanent disability to his son.
“The plaintiff’s claim against the defendants is for payment of damages arising from a bus accident involving the second defendant (Joma Transport’s) bus that was being driven by the first defendant (Chabaya) during the scope of his employment with the second defendant and insured with the third and fourth defendants (Regal Insurance and Insurance Council of Zimbabwe) in the amount of $35 539,09,” the summons read.
“The amount is broken down as medical expenses and contingencies in the amount of $2 089,09, emotional shock, pain and suffering in the amount of $8 000, disfigurement in the amount of $10 000, disability and loss of amenities of life in the amount of $15 000 and school holiday lessons in the amount of $450 and interest at a prescribed rate of 5% per annum from the date of service of summons to date of full payment.”
Nyoni claimed that Chabaya caused the accident by failing to take due care and avoid a head-on collision when it was imminent.
“The first defendant was fined for negligent driving and the second defendant is liable as the employer of first defendant and owner of the bus, third and fouth defendants are liable in terms of statute. Plaintiff’s son was severely injured during the accident and was hospitalised for 30 days. He is permanently disabled by 20%. Further he missed the first half of the school term as a result of the accident.”
He said despite lawful demand for payment of the sum, the defendants have failed or refused to pay.
The defendants are yet to respond to the summons.