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Court awards injured man Sh6 million for medical bills

A man whose driver ran over a minor 10 years ago will shoulder over Sh6 million medical expenses for the victim who has since been confined to a wheelchair.

Mr Martin Kidake had filed the suit through his mother, seeking compensation for pain, suffering and disability.

High Court judge George Odunga ruled against Mr Wilson Simiyu Siambi, whose driver caused the accident, directing him to pay Sh3.5 million as general damages for pain, suffering and loss of amenities.

In addition, Mr Kidake was awarded Sh500, 000 for loss of future earning capacity and Sh550, 000 for future surgery.

For a wheelchair estimated to at Sh30,000, its replacement over time and special damages, Mr Kidake got Sh525, 000.

Cost of minder

“I find no difficulty in awarding Sh10, 000 per month as the cost of a minder hence Mr Kidake is entitled to Sh4, 200, 000,” added Judge Odunga.

The Sh4.2million was arrived at after multiplying Sh10, 000 by twelve months, for a period of 35 years.

Mr Kidake, through his lawyer had indicated that on May 12, 2002, while walking along a road in Nairobi’s Industrial Area, a driver through negligence knocked and injured him.

According to the evidence presented before court by a medical expert, Mr Kidake was handicapped and could not walk or stand unsupported. His disability was assessed at 100 percent.

In July 2010, Mr Kidake stopped going to school due to inability to afford a wheelchair and instead had to be taken care of by a minder since he could not feeding, dress or go to the toilet on his own.

Mr Simiyu said he was not in control of the vehicle alleged to have been involved in the accident, denying any negligence.