Damages

Kabale v Kamya ((HCT-OO-CV-CS-0804-2006)) [2009] UGHC 131 (24 April 2009);

Flynote: 

Search Summary: 

The plaintiff in this case instituted this suit against the defendant seeking for damages on his behalf and for the dependents of the deceased. The plaintiff argued that the deceased had been knocked down and fatally injured by the defendant’s motor vehicle due to the driver’s negligence.

Headnote and Holding: 

The defendant failed to file his defense. An interlocutory Judgment was accordingly entered for the plaintiff.

 

The court was thus required to assess damages for the plaintiff. The plaintiff argued that the deceased used to earn 30,000/= per day as a food vender, and 150,000/= per month, amounting to 1,8000,000/= annually.

 

The court however, found that a person of a social background like that of the defendant would not earn an amount of 30,000/= per day. That such an amount was very high and an exaggeration by the plaintiff.

 

The court thus considered the amount of 3,000/= per day, 90,000/= a month and 1,095,000/= as the annual dependency.

 

With regards to damages, the court considered the deference between the working life expectancy and the deceased’s age and found that the deceased was only left with 31 years as the working life.

 

The court thus awarded to the plaintiff and other dependents a sum of 25,185,000/= as damages for the loss of dependency from the deceased.

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