Kisii motorcyclist awarded Sh1.6 million after private car knocked him down, fractured bones

The High Court has awarded a motorcyclist Sh1.6 million in general damages after he was knocked down by a private car and suffered multiple bone fractures.

Mbipui Adana filed a suit against Avenus Ogara, dated November 9, 2018, claiming damages arising from an accident on August 16, 2018, as he rode his motorcycle within Kisii town.

Adana said he was knocked down by Ogara’s vehicle and suffered tenderness on the chest wall, dislocation of the left shoulder joint, fracture of the left ulna and radius, dislocation of the left knee, pelvis fracture, and fracture of the left tibia and fibula.

Ogara said the accident vehicle was joining the main road from a feeder road when it hit him.

On October 9, 2020, Senior Resident Magistrate SK Onjoro awarded Adana Sh1.6 million as general damages and special damages of Sh25,181 and costs of the suit.

The magistrate also directed that Ogara meet 70 per cent of the liability while Adana meets 30 per cent.

Ogara moved to the High Court to appeal Onjoro’s judgment.

In dismissing Ogara’s appeal, Justice Kizito Magare said the appeal against the award of general damages lacks merit.

Justice Magare said the injuries suffered by Adana were serious because the pelvis fracture extended not only to the pelvis but also had a crack in the iliac.

The judge took judicial notice that the ilium is the largest and most superior bone of the hip, forming part of the pelvic girdle and connecting with the ischium and pubis to create the hip bone.

He noted that Dr Ombati Timothy Mokua concluded that Adana sustained great harm with fractures of the left tibia and fibula, a fracture of the left ulna and radius, a pelvis fracture, a left knee dislocation, a crack of the iliac bone, a left shoulder joint dislocation, and several other injuries which were in the process of healing.

“Based on the foregoing authorities, I find the award by the lower court of Sh1,600,000 is not inordinately high,” said Justice Magare.

He said the doctor gave a prognosis that the dislocations may be complicated by post-traumatic arthritis later.

The judge noted that the medical report agreed with the treatment notes and Adana’s evidence.