Why Court Awarded Man Ksh 505,500 Four Years After Safari Van Crash
Share
Richard Oigara has been awarded Ksh505,500 in compensation, four years after suffering serious injuries in a safari van crash along Murang’a Road.
He was travelling in a safari vehicle operated by Bateleur Eagle Safaris Limited on July 6, 2022, when the vehicle veered off the road near Guru Nanak Hospital and plunged into a ditch.
The crash left him with serious head injuries that required medical treatment at Kenyatta National Hospital.
Richard Oigara Sues Safari Company
Following the accident, Richard Oigara sued Bateleur Eagle Safaris Limited, accusing the company’s authorised driver of negligently and recklessly controlling the vehicle.
According to medical records presented in court, Oigara suffered bleeding in three areas of the brain, alongside facial scrapes and burns following the crash.
A medical report dated February 15, 2023, classified his injuries as grievous harm and assessed his permanent incapacity at 5%.
Also Read: Man Who Paid Ksh 2.1M for Ksh 4M Lorry Takes Seller to Court After It Became Unusable
He told the court that he had not fully recovered from the injuries and continued to experience pain, while also claiming that his condition had affected his ability to work.
Therefore, Richard sought Ksh800,000 in general damages for pain, suffering and loss of amenities, in addition to Ksh5,500 in special damages.
The safari company was served with the court case but did not enter an appearance or file a defence.
The court subsequently proceeded to formally assess Oigara’s claim and determine the compensation payable for the injuries he suffered.
Court Holds Safari Company Liable
Principal Magistrate Linda Mumassabba found Bateleur Eagle Safaris liable for the driver’s negligence.
The court noted that the company had not presented evidence showing that the driver was operating the vehicle without its authority.
Therefore, the court awarded the passenger Ksh500,000 for pain, suffering and loss of amenities and Ksh5,500 in proven special damages, bringing the total compensation to Ksh505,500.
Also Read: New Twist in Cecil Ouma Shooting Case as Court Closes File on PS Fikirini’s Bodyguard
Interest will accrue on the award until the amount is paid in full.However, the magistrate declined to award the Ksh800,000 in general damages that Oigara had sought.
While acknowledging the seriousness of his injuries, the court noted that there was no evidence of some of the more severe complications associated with major head trauma.
The magistrate pointed out that there was no evidence of a skull fracture, surgery, prolonged unconsciousness or seizures.
Follow our WhatsApp channel for more updates.
A photo showing Tourists in a Bateleur Eagle Safaris Limited Van during a tour in Kenya. Photo / Bateleur Eagle Safaris Limited