BETWEEN:



LLOYD T. PHIRI ………………………………………………PLAINTIFF




AND



MATHEWS NDASOWA …………………………………...DEFENDANT





TEMBO, ASSISTANT REGISTRAR

Chalamanda, Counsel for the Plaintiff







ORDER ON ASSESSMENT OF DAMGES





This is this court’s order on assessment of damages for personal injures suffered by the plaintiff made pursuant to a default
judgment entered in favour of the plaintiff dated6th April, 2004.



The notice of hearing of this assessment was duly served on the defendant.  The defendant never appeared at the hearing leaving
the plaintiff’s evidence totally uncontroverted.  The plaintiff herein was hit by the defendant’s minibus whilst
he was cycling along the Senga Bay – Salima road.  In the accident herein the plaintiff sustained several injuries and
fell unconscious on being hit by the defendant’s vehicle.  The plaintiff suffered bruises on his left arm, right arm and
right leg.  He also suffered a deep cut or his right knee that has left a visibly large scar.  The plaintiff’s back
of the head and his knee got swollen.  He was admitted at Balaka district hospital for 9 days.   For some time the
plaintiff could only eat soft foods due to soft tissue injuries.  Since the accident herein the plaintiff can not play football.



The plaintiff had to replace the bicycle that was damaged herein.  That bicycle belonged to his friend.  The plaintiff
spent K3,800.00 on a second hand bicycle which he bought to replace his friend’s bicycle.



The plaintiff herein is clearly entitled to damages for pain and suffering and loss of amenities of life.  Such damages being
a awardable to a person who has suffered injury due to the negligence of another.  These damages are awarded to compensate the
injured party as nearly as possible as money can do.  See Cassel and Company v. Broome  [1972] A.C. 1027.



The injuries suffered by the plaintiff in a particular case have a decisive effect on the assessment of such damages.  See Chidule v. Medi  MSCA Civil Appeal Number 12 of 1993.  The court nevertheless seeks guidance on the level of awards from decided cases of
similar nature to the one under consideration.  This is to ensure some degree of consistency  n civil justice in cases
of similar nature see Wright v. British Railways Board  [1983] 2 A.C. 773.



But this court does not find any evidence of the plaintiff’s loss of earning’s or loss of earning capacity.



This court has noted some cases in which plaintiffs suffered soft tissue injuries similar to those suffered herein.



In Numbwe v Stage Coach Ltd  Civil Cause Number 1816 of 1999 the plaintiff suffered cut wounds on the left side of his face and also on one of his fingers
on his left hand and was a warded  K20,000.00 damages for pain and suffering  and loss of amenities  of life in October,
1999.  In another case of Nyasulu v. Attorney General  Civil cause Number 571 of 2001 the plaintiff who suffered a large bruise on his lower right leg, cut wounds on 2 toes and cut
wounds on 3 figures was awarded K40,000.00 damages for pain and suffering and loss of amenities of life on May 2003.  Upon considering
the plaintiff’s injuries herein that were of a more serious nature; that the plaintiff fell unconscious for some time and further
that the Kwacha has lost some value since the awards alluded to above this court awards the plaintiff K100,000.00 damages for pain
and suffering and loss of amenities of life.  The sum of K3,800.00 spent or the replacing the bicycle herein is also awarded
to the plaintiff.



Costs of this action are for the plaintiff.



MADE in Chambers at BLANTYRE this     July, 2004.





M A Tembo

ASSISTANT REGISTRAR