Benson v Muthama & another (Suing as the personal representative of the estate of Sharon Mueni-deceased) (Civil Appeal 38 of 2017) [2020] KEHC 3099 (KLR) (23 September 2020) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3099
- Citation
- [2020] KEHC 3099 (KLR)
- Decided
- 23 September 2020
The trial court's award on damages is set aside and substituted with a new award of Kshs 993,605/60, including Kshs 901,132 for loss of dependency, Kshs 50,000 for pain and suffering, and Kshs 150,000 for loss of expectation of life.
Facts
The deceased, a 26-year-old driver and mechanic, died in a road traffic accident. The respondents (as the deceased's legal representatives) claimed negligence and special damages. The appellant denied negligence and sought indemnity and contribution against the registered owner of the other vehicle involved.
Issues
- Quantum of damages under the Fatal Accidents Act
- Applicability of the multiplier approach for loss of dependency
Reasoning
The court found the trial court's award on loss of dependency to be too high and substituted it with a new calculation based on the deceased's expected earnings as an ungraded artisan.
Outcome
Appeal successful
Orders
- Set aside the trial court's award on damages
- Award new damages of Kshs 993,605/60
Remedies
- Appellant awarded 1/3 of the appeal costs
- Respondent awarded full costs in the lower court
Authorities cited
Legislation (3)
- Law Reform Act
- Fatal Accidents Act
- Minimum Wage in 2011
Cases cited (1)
- Fredrick Ochieng Odero v Nakuru Teachers Training College (2018) eKLR
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