Cop ordered to pay accident victim $13K

By Tendai Rupapa

A road accident victim was yesterday granted $13 300 by the High Court as compensation for damages he suffered in an accident that occurred in 2011.

Witness Dziva was involved in an accident aboard a Toyota Hiace driven by the owner, Linet Magaisa, who is a police officer on September 25, 2011.

Dziva sued Magaisa for causing the accident which saw him suffer a head injury and hip dislocation before spending two months in hospital.

Due to the injuries, he now experiences seizures and suffers memory loss.

Dziva claimed $48 733, but the court reduced the claim to $13 300.

Justice Esther Muremba, in allowing the claim for damages, ruled that Dziva could no longer work for his family as he used to do.

“The plaintiff can no longer engage in sport yet he used to play social soccer for Hunyani team. He can no longer walk without the aid of crutches and he can no longer work for his family as he used to do,” she said.

“For loss of amenities of life, he explained that he has since lost the desire to have sexual intercourse with his wife yet he is a married man. The head injury has resulted in him suffering from loss of memory and convulsions. He no longer enjoys a healthy body and sound limbs. So the body and the mind have both been affected.

“In awarding these damages, the courts consider how many of the activities the plaintiff was able to do or participate in before the injury and what these activities meant in his life is also considered.”

Justice Muremba then ordered that Magaisa pays Dziva $2 700 for medical expenses incurred, $4 000 for permanent disability, $2 500 for loss of amenities of life, $4 000 for pain and suffering and $100 for transport costs.

In her evidence, Magaisa said she gave Dziva a lift when she was coming from her late husband’s memorial service in Chivhu to Harare.

She, however, said that Dziva was not telling the truth when he said that he could no longer work for his family saying she always sees him opposite Southerton Post Office selling potatoes and walking without crutches.

She also said that she could not afford the damages the plaintiff was claiming on the basis of her salary.

Justice Muremba said the fact that the defendant (Magaisa) was a widow with dependants to look after and that she earns $400, as a police officer, was not grounds for awarding less damages to the plaintiff.

She also said that Magaisa failed to provide proof that Dziva can actually walk without the aid of crutches. The Herald