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THE Zimbabwe Electricity Transmission and Distribution Company (ZETDC) has been ordered to pay US$20 000 in damages to a child who was electrocuted in 2010.
Harare High Court judge, Justice Priscillah Munangati-Manongwa, ordered ZETDC to also pay US$177.70 to cover the cost of treatment received by the child at the time, and US$500 for future medical expenses.
All this money is payable in local currency at the prevailing interbank rate on the date of payment.
The father of the child had initially claimed US$250 000, but the judge said it was excessive.
She also dismissed ZETDC’s offer of US$3 000, saying it was “inappropriate given the extent of the injuries and extent of the pain and physical and mental suffering experienced by the child”.
Justice Munangati-Manongwa said it was not an easy task to quantify the damages in monetary value as it could not replace the child’s physical frame.
She also said the general damages were not a penalty, but compensation for the victim.
“Damages are never meant to penalise the negligent party, but to achieve justice and place the plaintiff in the position he would have been before the occurrence of the incident, meanwhile being fair towards all the parties,” said the judge.
The child’s father, Alpha James, said his son suffered pain, trauma and physical deformity when he was electrocuted while coming from school.
He said his son’s general performance at school and concentration had been affected by the incident, and the boy had been downgraded to a special remedial class.
James said his son also now suffers seizures.
Mathew Masinge
Online Reporter