The Lower Eastern Times Opening The Third Eye
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The High Court has awarded a minor more than Sh600,000 in compensation after he suffered serious head injuries in a road accident along the Bomet-Narok highway.
Justice Julius Ng’arng’ar overturned an earlier ruling by a magistrate’s court that had dismissed the case, finding vehicle owner Uzuri Foods Limited liable for the accident.
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The judge held that the company, as the registered owner of the vehicle, bore responsibility despite the driver not being listed as a party in the suit.
The minor, identified as EK and represented in court by his father, was hit by the vehicle on May 16, 2023, while walking along the road.
He sustained severe injuries including skull fractures, loss of consciousness, chest injuries, deep cuts to the head, hand and leg, heavy bleeding and psychological trauma.
The case had initially been dismissed by a resident magistrate in Sotik, who ruled that the child’s family had failed to sue the driver and did not prove an employer-employee relationship between the driver and Uzuri Foods.
The boy’s father later appealed to the High Court, arguing that proving ownership of the vehicle was sufficient to establish liability for the accident.
He maintained that the company should still be held responsible once it was established that its vehicle caused the crash.
Uzuri Foods, however, defended the earlier dismissal, arguing that ownership alone could not automatically make the company liable and insisting there was no proof linking the driver to the firm as an employee.
In his May 5 judgment, Justice Ng’arng’ar ruled that once ownership of a vehicle and involvement in an accident are proven, the law presumes the registered owner is responsible for the driver’s negligence unless evidence to the contrary is provided.
The court also noted that the company failed to produce evidence disputing the appellant’s account.
After reviewing the extent of the injuries, the judge awarded the minor Sh600,000 in general damages and an additional Sh23,015 in special damages covering medical expenses, a medical report and vehicle search costs, bringing the total compensation to Sh623,015.
