Bildad Mwangi Gichuki v TM-AM Construction Group (Africa) [2002] KECA 191 (KLR)
- Court
- Court of Appeal
- Case number
- 191
- Citation
- [2002] KECA 191 (KLR)
- Decided
- 5 December 2002
The appeal is allowed. The award for pain and suffering is set aside and substituted with an award of Ksh.400,000/=, and the award for diminished earning capacity is set aside and substituted with an award of Ksh.532,000/=
Facts
The appellant, Bildad Mwangi Gichuki, was an employee of the respondent, TM-AM Construction Group (Africa). He sustained severe injuries when a chain holding the trailer of a lorry snapped and fell on him while repairing the lorry. He was dismissed from employment in December 1996 and filed a claim for damages in 1998.
Issues
- The awards for pain and suffering and diminished earning capacity were challenged as too low.
- The award for future medical care was challenged as too low.
Reasoning
The court found the trial judge's assessment of pain and suffering and diminished earning capacity to be incorrect due to the severity of the injuries and the appellant's inability to work.
Outcome
The appellant is awarded a total of Ksh.900,400/= with interest, and the respondent is ordered to pay the appellant's costs.
Orders
- The award for pain and suffering is set aside and substituted with an award of Ksh.400,000/=.
- The award for diminished earning capacity is set aside and substituted with an award of Ksh.532,000/=
Remedies
- The appellant is awarded a total of Ksh.900,400/= with interest.
- The respondent is ordered to pay the appellant's costs.
Loading judgment…