A FORMER security guard who was left paralysed from an electric shock in 2006 has taken the Zimbabwe Electricity and Transmission Distribution Company (ZETDC) to court demanding $505 000 in compensation.
BY OBEY MANAYITI
Munashe Magwaza, is being represented by the Zimbabwe Lawyers for Human Rights (ZLHR).
His claim is quantified as $100 000 for damages for severe pain and suffering, $200 000 for permanent disfigurement and disability, $50 000 for loss of amenities in life and contumelia, $105 000 for loss of future earnings while $50 000 is for loss expectation of life.
According to court papers seen by NewsDay dated May 13, the defendant is admitting liability, but on the other hand disputing the amount being claimed.
“The defendant will admit liability, but will however, dispute the quantum of damages as excessive given precedence,” read ZETDC papers filed at the High Court by lawyers from Dube, Manikai and Hwacha Legal Practitioners.
“Accordingly, the plaintiff will have to prove his damages. Wherefore, the defendant will pray that the plaintiff’s claim should only succeed to the extent of the damages proved.”
According to ZLHR, on August 10 2006 Magwaza stepped on a high voltage live electricity cable in Msasa Industrial Park on his way to work.
As a result of the shock Magwaza sustained extensive injuries including deep burns of the lower limbs and numerous deep burns on the chest, leaving him permanently disabled and wheelchair bound.
He was admitted at a local hospital for nine months as he underwent different types of surgeries.
Magwaza was paid $11 480 as special damages in 2012, but he is demanding more for various damages suffered.
Magwaza submitted that ZETDC was grossly negligent on the day in question by failing to properly secure live electric
cables leading to the near fatal incident.