adminAuxilia Katongomara Court Reporter
A GWERU woman who broke her legs after falling into an unprotected pit along a cycle track has dragged the Gweru City Council to court claiming about $134,000 compensation.
Jelitha Ndebele, 55, allegedly fell into a pit in the city centre along the Gweru/Harare highway near Thornhill High School on January 12, 2013.
In her papers filed at the High Court, Ndebele is claiming damages for pain and suffering permanent disability, loss of earnings and loss of service pay (lump sum) and loss of future pension earnings.
Ndebele, who is represented by Mutendi and Shumba legal practitioners, cites the Gweru Town Council as respondents in the case.
According to court papers, Ndebele alleges she fell into the unprotected pit which had been dug by council workers as they were repairing a street light.
“The plaintiff sustained injuries as a result of the falling and was admitted to Gweru General Hospital for seven days. She was on crutches for a year and has now developed a permanent disability of 22 percent which was assessed by a competent corporate body National Social Security Authority (NSSA)”, read the court papers.
She argued that she got injured while off duty and subsequently lost her job due to the injuries.
For the bodily injury, Ndebele is demanding $15,000 , loss of earnings, $76,296, loss of service pay, $19,074 and loss of future pension earnings $24,000.
“The injury healed with a deformity and requires specialised surgery to correct it. Unfortunately our client did not have a medical aid scheme and money to pay for the surgery,” read the court papers.
She argued that the mishap deprived her of 17 years of gainful employment from January 2013 to January 2030.
Ndebele is seeking an order for Gweru Town Council to pay damages of $134,370 and cost of suit.
The respondents have 10 days to enter an appearance to defend the claim.
Online Reporter