HomeNewsCouncil to compensate motorist

Council to compensate motorist


Bulawayo City Council’s finance and development committee has recommended that town clerk Middleton Nyoni be allowed to negotiate an out-of-court settlement with businessman Kenny Maderera, who initially wanted $130 000 compensation for injuries sustained when his vehicle collided with the local authority’s refuse compactor.

In its report presented for debate and possible adoption at a full council meeting last night, the committee noted that Nyoni and the council lawyers had managed to reduce Maderera’s claims to $39 000.

According to the latest council report, Nyoni reported that a council truck driven by Norman Ngwenya collided with a private vehicle driven by Onias Bvuta on January 8, 2010.

Bvuta died on the spot while the vehicle owner Maderera, who was in the passenger’s seat, sustained serious injuries in the crash.

Ngwenya was subsequently convicted of culpable homicide and fined $200 or six months in prison.
Ngwenya has since been dismissed from work.

“Following the accident, the owner of the vehicle who was injured in the accident instituted a claim for damages against Norman Ngwenya, council and Zimnat Assurance,” the report said.

“Council was vicariously liable because the offence was committed during the course and scope of Mr Ngwenya’s employment. Mr Ngwenya had also been authorised to drive the refuse compactor.”

The report stated that council, through its lawyers Coghlan and Welsh, challenged the amount of damages.

“Council could not deny liability, but defended the matter in order to put them to strict proof because he (Maderera) was claiming $130 000.

“We have since managed to convince them to reconsider the figure.

“The claim has so far been reduced to $39 000 and Maderera has since furnished us with his medical expenses and quotations for the damaged car.

“It was, therefore, recommended that the authority be granted to the town clerk to negotiate a reasonable settlement for this matter.”

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