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Fidelis Munyoro
Chief Court Reporter
The compensation case in which a widow of an accident victim is claiming more than US$400 000 in damages for loss of support, pain and suffering as a result of the death of her husband by a bus company has been referred to a civil trial after the parties failed to negotiate a settlement.
Wona Macingwane-Chidzanira filed a US$407 000 lawsuit against CAG bus company for causing the death of her husband Tadiwanashe Chidzanira in October 2020 when his Toyota Hilux was crushed by a CAG bus driven by Mamwena Tinashe Marombo. The parties yesterday appeared before Justice Rogers Manyangadze for a pre-trial conference but failed to hammer out a settlement prompting the judge to refer the civil claim to trial.
Macingwane-Chidzanira, represented by Ms Charity Tawanda, and CAG, represented by Jiti law firm, did manage to narrow the issues for determination in the full court hearing. At the full civil trial, the court will now determine whether Marombo negligently caused the accident and if so, whether CAG is also liable for the acts of negligence by their driver when he was on duty.
The court will have to decide whether there was contributory negligence by Mr Chidzanira and if so to what extent. Once these questions are answered the court will have to decide whether or not Ms Macingwane-Chidzanira is entitled to damages under the law.
CAG Tours is one of the leading bus companies in Zimbabwe.
The accident happened at the intersection of Sam Nujoma Street and Josiah Chinamano Avenue in Harare. Marombo failed to observe a stop sign and has already been convicted of culpable homicide and jailed for two years.
In her claim at the High Court, Macingwane-Chadzanira accused CAG of negligence since Marombo was its employee. In this regard, she wants an order for payment of US$407 000 being total damages for loss of the family breadwinner plus the trauma, pain and suffering for the loss of life of her husband.
The claim also includes compensation of US$218 000 for her daughter who suffered emotional pain after the loss of a father and guardian with US$1 000 per month for her daughter’s upkeep until she becomes self-supporting. Mr Chidzanira’s father is also listed in the claim. Ms Macingwane-Chidzanira wants him to be compensated US$87 800 for loss of a child.
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