A Makindu court has ordered Chania Genesis company to compensate a passenger Sh223,000 after she sustained injuries in an accident involving one of its buses.
Makindu Senior Principal Magistrate Yusuf Shikanda ordered the company and the other defendants to compensate Alice Wakio Mwangeka for injuries she suffered in the accident.
The accident occurred at Keneni along Mombasa Road in Mtito Andei on November 23, 2015.
Chania Genesis company ordered to pay passenger
The court found that Mwangeka had proved her case against the defendants on a balance of probabilities.
“I hold that the plaintiff has proven his case on a balance of probabilities as against the defendants. Consequently, I enter judgment against the defendants jointly,” the magistrate ruled.
The court awarded Mwangeka Sh220,000 in general damages for pain, suffering and loss of amenities.
It also awarded her Sh3,000 in special damages. The total compensation therefore amounted to Sh223,000.
In addition, the court awarded interest on the damages and the costs of the suit.
Passenger injured in Chania Genesis bus accident
Mwangeka told the court that she was travelling from Mombasa to Nairobi in a Chania Genesis bus.
The bus, registration number KBV 250A, was allegedly driven by Samuel Mugundu Karue.
According to Mwangeka, the driver drove the bus negligently and recklessly while attempting to overtake an oncoming vehicle.
The bus subsequently collided with the oncoming vehicle, causing Mwangeka to suffer injuries.
She held the driver, the vehicle owner and the company operating the bus responsible for the accident.
Chania Genesis denies passenger’s claims
Mwangeka sued Karue, Joel Mwaura Nduruhu and the company operating the bus at the time of the accident.
The defendants entered an appearance on October 16, 2019, and filed a joint defence.
They denied Mwangeka’s allegations and disputed that Karue was driving the bus involved in the accident.
They also denied that Nduruhu owned the vehicle or that the company operated it.
Furthermore, the defendants disputed that Mwangeka was a lawful fare-paying passenger in the vehicle.
They also denied that the accident occurred on November 23, 2015 or involved the vehicle named in the case.
The defendants argued that Mwangeka had not established a reasonable cause of action against them. They consequently asked the court to dismiss the case with costs.
Court considers passenger’s evidence
However, the defendants did not attend the hearing or call any witnesses to support their defence.
They also failed to file their submissions despite receiving sufficient time from the court.
As a result, the magistrate considered the evidence presented by Mwangeka.
The court found that her evidence remained unchallenged because the defendants did not present evidence to controvert her account of the accident.
“I have carefully considered the evidence on record and given due regard to submissions made by the plaintiff as well as the applicable law,” the magistrate stated.
Court awards Sh223,000 in damages
After considering the evidence, the court entered judgment in favour of Mwangeka.
The court ordered the defendants to jointly compensate her Sh220,000 for pain, suffering and loss of amenities.
It further awarded Sh3,000 in special damages.
