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of income as he could not go to work for years after the accident.
He should get P40 000 for the replacement of his vehicle and P6 000 for car hire charges he incurred after the accident.
Medical expenses that were incurred in Zimbabwe were pegged in local currency to the tune of Z$83 717 and he was also awarded Z$2 million for pain and suffering.
The court also awarded him Z$1 million for future medical expenses.
Upholding an earlier High Court judgment, Justice Sandura dismissed a request by Cold Chain to re-open an already determined case through leading fresh evidence.
The Supreme Court also held that the company was vicariously liable for the accident.
However, the judge reduced the quantum of the damages.
In the High Court judgment the cost for replacement of the Mercedes Benz was awarded as P63 000 before the Supreme Court reduced it to P40 000. Loss of income was reduced from P1 800 000 to P616 260 while car hire expenses were reviewed from P12 000 000 to P6 000.
Mr Makoni’s lawyer, Mr Ralph Maganga of Maganga and Company, said he was now working on how his client would get damages awarded in Zimbabwean dollars.
“We are now working on how Mr Makoni will get the damages that were awarded in Zimbabwean dollars.
“Now that we are using the multi-currency system, the Zimbabwean dollars should be converted to the currency that buys using a certain rate,” he said.
The accident occurred on December 20 1999 when Cold Chain that was in the business of selling fish instructed its driver Mr Isaac Mulyata to deliver a consignment of fish to some customers in Nyanga.
He was using an Isuzu truck.
The truck was involved in a head-on collision with Mr Makoni’s Mercedes Benz at the 12-km peg along the Rusape-Nyanga Road.
Mr Mulyata and Mr Makoni, who were seriously injured were taken to hospital.
Mr Mulyata died a few hours of admission at hospital.
Mr Makoni survived and police officers, who attended the scene of accident, found that Mr Mulyata was negligent.
It was the police’s findings that the Cold Chain truck had strayed into Mr Makoni’s lane resulting in the collision.
Mr Makoni later instituted the lawsuit claiming damages.
Doctors, who examined Mr Makoni, observed that he had suffered around 85 percent disability.
He spent months admitted at hospitals in Rusape, Mutare and Francistown in Botswana.
Online Reporter