A HARARE-BASED pastor, who was six years ago involved in an accident while aboard a Tanda Tavarura bus commonly known as Mhunga, has approached the High Court seeking $53 407 in accident damages.
BY CHARLES LAITON
Tawanda Matarirano said he was demanding compensation from the bus company since the accident was caused by its driver, who on the day in question was negligent.
“The accident was exclusively caused by the negligence of the 1st defendant’s (Mhunga) driver in that he was speeding, failed to avoid the accident when it seemed imminent, failed to control the bus and to take heed of people’s complaints,” Matarirano’s lawyers said in court papers.
“As a result of the accident, plaintiff sustained a fracture on the left hip and left knee, which caused him a 50% permanent disability. Wherefore, plaintiff prays for the following from the defendant: medical expenses incurred $1 082, 52, permanent disability $15 000, loss of earning capacity $20 000, future medical expenses $17 000 and lost goods $325 making a total of $53 407,50.”
According to Matarirano, he was on his way to Masvingo on April 1, 2009 along the Harare-Masvingo Road when the bus burst its front tyre, veared off the road and plunged into a river.
Matarirano said as a result of the accident he incurred a total bill of $1 082,50 after staying in hospital from April 15 to August 28, 2009. He also needs a hip replacement, which had been quoted at $11 578.
“Plaintiff was a pastor at New Creation Ministries where he used to earn a monthly salary of $250, but since the time of the accident he has not been on salary as he is unable to perform his duties. “Plaintiff who at the time was aged 36 has thus lost the capacity to earn himself a living as the church no longer caters for his welfare,” his lawyers said.
Matarirano also said he was a farmer at the time of the accident at Bumbe resettlement scheme, but had been incapacitated to the extent that he no longer was able to pursue his farming activities.
He said he used to earn an average of $1 000 per year from the sale of cotton, maize and groundnuts.