admincompensation for pain, suffering as well as medical expenses and loss of salary.
Timothy Mangwiro – who was employed as an accounting officer by Zesa Holdings prior to the accident – sustained body injuries and fractured a hip.
He filed the lawsuit yesterday at the High Court.
In his summary of evidence, Mangwiro represented by Ngarava, Moyo and Chikono says on March 14, 2010 he boarded a Toyota Hiace registration number ABB 8032 owned by Mr Bernard Mutizwa and was being driven by one Simbarashe Murambiwa.
The commuter omnibus was travelling along Domboshava Road and was involved in an accident with a Nissan Hardbody.
“It collided with a Nissan Hardbody registration number AAX 2805 and the accident was caused by negligence of the driver (Murambiwa). He was convicted for negligent driving as a result of the collusion and the
traffic accident police report shall be produced as evidence,” Mr Mangwiro submitted.
He has also cited Jupiter Insurance as the third defendant in the court papers.
Further, he says as a result of the accident he sustained bodily injuries and was diagnosed for dynamic hip screw fractured hip.
“Evidence shall be produced in the form of a medical report and assessments by the doctor who attended to the plaintiff,” he said.
“Plaintiff shall also lead evidence to the effect that he requires an amount of US$5 000 for future constant monitoring, hospital and doctors visits.”
Mr Mangwiro says the accident brought a lot of pain and suffering on him that he is of an advanced age and the sole breadwinner with the family.
“The plaintiff literally went through a lot of suffering as he was hospitalised for a considerable period of time and further that the pain inflicted is of a continuous nature,” he says.
He has to depend on drugs for survival. He further says he would prove that the amount of US$10 000 for pain and suffering would be made.
“Plaintiff was employed as an accounting officer. He shall prove that he is no longer able to execute his duties as before as a result of the accident. Plaintiff shall prove his income prior to the accident through pay-slips from employer.
“A calculation will be done to prove that up to his time of retirement he would have earned US$24 200 after tax,” he said.
However, the commuter omnibus owner, Mr Mutizwa represented by Ahmed and Ziyambi legal Practitioners, has dismissed the claim saying he was unaware of Mr Mangwiro’s claim and only became aware after receiving summons in April this year.
“Defendant denies that he suffered damages in the sum of US$36 576, 31 or any other amount,” adding that Mr Mangwiro’s claim seems to have been exaggerated. Mr Mangwiro says Mr Mutizwa should be put to strict of proof thereof and his claim should be dismissed.
The case is yet to be heard and has been set for a pre-trial conference.
Online Reporter