A Mombasa court has slapped a TukTuk driver with a Ksh. 500,000 fine for driving recklessly and injuring a passenger.
It was alleged that the driver carelessly drove the TukTuk which swerved and overturned at Pandya roundabout, Nyerere Avenue injuring the passenger.
A lower court in Mombasa had earlier awarded Ksh. 200,000 but the high court raised the amount to Ksh. 500,000.
According to a medical report dated January 3, 2023 the injuries sustained were a fracture of the right radius forearm bone, blunt object injury to the right wrist and 8% partial permanent disability due to the injuries.
Initially, the appellant had prayed for general damages for pain, loss and suffering of Ksh. 700,000, special damages of Ksh. 6,750, costs and interest of the suit.
“This court has noted that while the injuries in an authority relied on by the Appellant to support their case were correct, the awards for general damages therein was misquoted,” Justice J.K Ng’arng’ar ruled.
The judge said that taking into account inflation, passage of time and awards in similar cases, it was his view that the award of Ksh. 500,000 would be reasonable.
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