BARRY PROUDFOOT vs COAST BROADWAY COMPANY LIMITED & COAST BUS COMPANY [2001] KEHC 150 (KLR)
- Court
- High Court of Kenya
- Case number
- 150
- Citation
- [2001] KEHC 150 (KLR)
- Decided
- 23 January 2001
The court finds the bus driver wholly responsible for the accident and holds the bus company vicariously liable. The court awards damages for pain and suffering, lost income, and special damages.
Facts
The Plaintiff, Barry Proudfoot, was injured in a bus accident on August 4, 1995, while traveling from Mombasa to Kisumu. He was a passenger on a bus operated by Coast Bus Company. He suffered injuries including a shattered hand, punctured lung, and shoulder injury.
Issues
- Liability of the bus driver and the bus company for the accident
- Quantum of damages for the Plaintiff's injuries
Reasoning
The court accepts the Plaintiff's evidence that the driver was negligent and overspeeding, leading to the accident. The court awards damages based on the Plaintiff's lost earnings and medical expenses.
Outcome
Judgment for the Plaintiff in the amount of Kshs.800,000 for pain and suffering, Kshs.1,497,600 for lost income, Kshs.1,064 for special damages, and Kshs.5,000 for Dr. Wokabi's testimony.
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