Maputsoane Mokoma V Lesotho National General Insurance CO. LTD (CIV/T/239/2017) [2024] LSHC 254 (11 November 2024)

Maputsoane Mokoma V Lesotho National General Insurance CO. LTD (CIV/T/239/2017) [2024] LSHC 254 (11 November 2024)

The insured driver failed to keep a proper lookout and did not exercise reasonable care, making him negligent and liable for the accident. The Apportionment of Damages Order does not apply to claims by the deceased’s estate, so the plaintiff is entitled to 100 percent of the agreed damages.

Citation
[2024] LSHC 254
Parties
Plaintiff: Maputsoane Mokoma; Defendant: Lesotho National General Insurance Co. Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 November 2024
Case Number
CIV/T/239/2017
Procedural Posture
Civil Action Delictual Claim / Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Loss of Support, Motor Vehicle Accidents, Apportionment of Damages
Source Language
English
Delict Insurance Law Negligence Loss of Support Motor Vehicle Accidents Apportionment of Damages

Case Brief

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Parties

Maputsoane Mokoma

Plaintiff

Lesotho National General Insurance Co. Ltd

Defendant

Procedural Posture

Civil Action Delictual Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the collision was caused by the negligent driving of the insured driver
  2. 2 Whether contributory negligence of the deceased affects the plaintiff’s claim under the Apportionment of Damages Order 1970

Ratio Decidendi

The insured driver failed to keep a proper lookout and did not exercise reasonable care, making him negligent and liable for the accident. The Apportionment of Damages Order does not apply to claims by the deceased’s estate, so the plaintiff is entitled to 100 percent of the agreed damages.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment entered for the plaintiff in the sum of M76,272.06 together with costs of suit.
  • Interest on the amount at the current Central Bank prime lending rates from the date of judgment until final payment.