Virjj v Tanz. International F.S. Ltd and Another (Civil Case 5 of 1982) [1982] TZHC 739 (2 December 1982)

154 TANZANIA LAW REPORTS [1982] TLR' NAUSHAD M.H. VIRJJ v. TANZ. INTERNATIONAL F.S. LTD. AND ANOTHER [HIGH COURT OF TANZANIA AT DAR ES SALAAM (Bahati, Ag. J.)] CIVIL CASE 5 OF 1982 Tort — Damages — Negligence — Motor accident — Assessment of general damages. Tort — Negligence — Vicarious liability — Employee driving in the course of em ployer's business. The plaintiff sued the defendant for damages suffered in a road accident. The court found that the second defendant had caused the accident while driving in the course of first defendant ’ s employment. On assessment of damages; Held: in assessing damages for personal injury the court considered the in jury sustained, pain and suffering and loss of enjoyment of life as a result of partia permanent disability of 30% and awarded Shs. 60,000/-. Judgment for the plaintiff. No case referred to. M. A. Lakha for the plaintiff. 2 December, 1982. BAHATI, Ag. J.: The plaintiff filed a suit in the High Court against two defendants. The suit is based on the negligence of the 2nd defen dant who was an employee of the 1 st defendant in that the 2nd defendant nocked down and injured the plaintiff who was walking along the road. The caT which knocked the plaintiff belonged to the 1st defendant but it was being driven by the 2nd defendant in the scope of his employment. The 2nd defendant was duly charged in court in Traffic case No. 392/81 and he pleaded guilty and was fined shs. 900/- or seven months ’ imprisonment in default. The plaintiff sustained injury in this accident and was hospitalized for 9 weeks. The medical report shows that he sustained sprain left knee joint and fracture of neck of fibula and contusion of proreneal nerve leading to foot drop which has regressed. He was treated. He has healed with instability of left knee joint. This complication has caused him partial permanent disability of 30%. The plaintiff prays for general damages and costs of this suit. After due consideration of this case which was undefended I am satisfied that the plaintiffs suit must succeed. I find that he is entitled to substantial damages. In awarding the damages I have considered three things namely personal injuries, pain and suffering and loss of enjoyment of life. The plaintiff who looks young who can be estimated to be in his early thirties suffered personal injury and was hospitalized for 9 weeks. He has experienced pain and suffering ever since he was

F.X. OLiSO-EMOSINGOIT v: E.A. COMMUNITY (BIRON. J.) 15S injured. He has also suffered loss of enjoyment of life as a result of this inju r}'. for he still suffers partial perril.anen·t disability of 30 % . As for assessment of damages there is no hard and fast rule but the general principle is that the damages must be fair and reasonable. Now, what is reasonable compensation to the plaintiff in the circumstances of this case? After going through various cases dealing with damages for personal injury where partial disability remains permanent, I am of the view that the sum of shs. 6 0 , 0 00/- would be (air and reaspnable in the cir cumstances of this case. I therefore assess the general damages at shs. 6 0 , 000 /-. Toe plaintiff is therefore awarded general damages of shs. 6 0 , 000 /- plus costs of the suit. As it has been shown that the 1st defendant is vicariously liable in this case fo:r the negligence 01 2nd defendant, the l st defendant is to pay this com pensation of shs. 6 0 ,0 00 /- to the plaintiff plus costs of the suit. Judgment for the plaintiff.