Court awards man Sh22m after motorcycle crash leaves him unable to walk or have children

• He was riding a motorcycle when a vehicle knocked him down.
• The accident left him permanently paralysed, unable to walk or father children.
• The court awarded him Sh10.5 million for pain, suffering and loss of amenities and Sh10 million for future medical care, alongside other compensation.

In 2019, Charles Ragira was riding a motorcycle in Isebania, Migori County, when a vehicle belonging to Mississippi Communication Limited knocked him down as it reversed onto the road.

The accident left the 60-year-old former driver at Nyansiongo High School in Nyamira County permanently paralysed, unable to walk or father children. He is now 67.

Mr Ragira told the High Court in Migori that he was travelling along the Kehancha-Isebania Road on March 17, 2019, when the company’s vehicle reversed onto the road and struck him.

He said the driver had reversed without checking for oncoming traffic, leaving him with a fracture of his right forearm, a deep cut on his right foot and a severe spinal injury.

A Good Samaritan rushed him to Isebania Hospital before he was transferred to Kisii Teaching and Referral Hospital and later to the National Spinal Injury Hospital in Nairobi, where he was admitted for four months.

Despite prolonged hospitalisation and treatment, Mr Ragira never regained the use of his legs.

He told the court that he continued to experience pain and had developed pressure sores because he could not move independently. He now requires assistance with routine activities he previously managed on his own.

“I have become an invalid who is dependent on family members in doing everything,” he told the court.

The accident also robbed Mr Ragira of his livelihood. He said he could no longer work and had lost his ability to earn a living. His job as a school driver had provided him with an income, but the severity of his injuries made a return to employment impossible.

His condition was documented by Dr Ezekiel Ogando who examined him and prepared a medical report detailing the extent of his injuries.

The doctor told the court that Mr Ragira had sustained a fracture of the right radius, a deep cut wound on the right foot and a burst fracture of the first lumbar vertebra, which damaged his spinal cord.

The spinal injury had resulted in the loss of function in both lower limbs. Mr Ragira also reported erectile dysfunction and had begun developing pressure sores.

Dr Ogando assessed his permanent disability at 95 per cent, describing his injuries as permanent.

The medical evidence showed the profound impact of the accident on Mr Ragira’s life, leaving him wheelchair-bound and dependent on others for his daily needs.

To support his claim, he presented treatment records from the hospitals where he had received care, a discharge summary from the National Spinal Injury Hospital, a police abstract and a medical report. He also produced receipts showing that he had incurred Sh1.353 million in medical expenses.

Records from the National Transport and Safety Authority confirmed that the vehicle involved in the accident belonged to Mississippi Communication Limited.

The company neither entered an appearance nor filed a defence despite being served with court documents. It also failed to attend subsequent proceedings or file submissions.

In a judgment delivered on October 16, Justice Anne Ong’injo found the company fully liable for the accident, ruling that its driver had failed to exercise reasonable care when reversing onto the road.

“A driver owes other road users a duty to exercise reasonable care and to ensure that reversing onto a public road can be undertaken safely,” Justice Ong’injo said.

“The Plaintiff’s evidence of the negligent reversing manoeuvre was not controverted. I am satisfied that the accident occurred as pleaded and was caused by the negligence of the Defendant’s driver, servant or agent.”

The judge, however, noted that the fact that the suit was undefended did not relieve Mr Ragira of the obligation to prove his case. She found that his testimony was corroborated by medical records, the police abstract and evidence linking the vehicle to the company.

Justice Ong’injo said the injuries had permanently compromised Mr Ragira’s independence and quality of life.

“The injuries are severe and permanent, with profound consequences for his independence and quality of life.The award must be fair and reasonable, bearing in mind that no monetary compensation can fully restore the Plaintiff to his former condition,” she said.

Mr Ragira had sought Sh12.5 million in general damages for pain, suffering and loss of amenities, in addition to compensation for future medical care, nursing assistance, specialised equipment and loss of earning capacity.

His lawyer argued that he would require lifelong assistance, regular medical attention, physiotherapy, medication and equipment, including wheelchairs and specialised bedding.

The court accepted that Mr Ragira would need continuing care but declined to award all the amounts proposed by his lawyer, noting that several projected expenses lacked sufficient documentary evidence or supporting medical cost estimates.

Justice Ong’injo awarded him Sh10.5 million for pain, suffering and loss of amenities, Sh10 million for future medical care, nursing assistance and assistive devices, and Sh1.353 million in medical expenses.

The court further awarded Sh200,000 for the future removal of an implant in his right forearm and Sh500,000 for loss of earning capacity.

An additional Sh30,550 was awarded for the medical report, the doctor’s court attendance and the motor vehicle search, bringing the total compensation to Sh22,583,550.

The judge included the psychological consequences of the accident and erectile dysfunction in the general damages award, saying separate compensation for these consequences would risk duplicating the award.

She also declined to increase the proposed Sh200,000 cost of removing the implant to Sh300,000, citing insufficient evidence to justify the higher amount.

The company was ordered to pay the costs of the suit, together with interest in accordance with the judgment.

The case was initially filed at the Migori Chief Magistrate’s Court in 2019 before being transferred to the High Court because of the amount of compensation sought.

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