Ngwira (Infant) & Anor. v Kalimira & Anor. (Civil Cause 1269 of 1994) [1997] MWHCCiv 18 (6 May 1997)
Damages awarded based on severity and visibility of injuries, evidence of ongoing symptoms, and absence of proof regarding loss of earning capacity.
Source-derived case information.
- Citation
- [1997] MWHCCiv 18
- Parties
- 1st Plaintiff: Towera Ngwira; 2nd Plaintiff: Beatrice Ngwira; Mother and Next Friend: L. V. S. Ngwira; 1st Defendant: P. Kalimira; 2nd Defendant: P. Kalimira
- Court
- High Court of Malawi Civil Division
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 1269 of 1994
- Procedural Posture
- Civil Cause / Ruling on Quantum of Damages
- Outcome
- Damages awarded to both plaintiffs; claim for loss of earnings declined; costs awarded to plaintiffs.
- Legal Topics
- Personal Injury, Damages Assessment, Road Traffic Accident
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Towera Ngwira
1st Plaintiff
Beatrice Ngwira
2nd Plaintiff
L. V. S. Ngwira
Mother and Next Friend
P. Kalimira
1st Defendant
P. Kalimira
2nd Defendant
Procedural Posture
Civil Cause / Ruling on Quantum of Damages
Legal Issues
- 1 Quantum of damages for pain, suffering, loss of amenities, and disfigurement
- 2 Entitlement to damages for loss of earnings
Ratio Decidendi
Damages awarded based on severity and visibility of injuries, evidence of ongoing symptoms, and absence of proof regarding loss of earning capacity.
Court Disposition
Damages awarded to both plaintiffs; claim for loss of earnings declined; costs awarded to plaintiffs.
Orders
- Towera Ngwira awarded K25,000 for pain, suffering, loss of amenities, and disfigurement.
- Beatrice Ngwira awarded K15,000 for pain, suffering, loss of amenities, and disfigurement.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NUMBER 1269 OF 1994 BETWEE N: TOWERA NGWIRA (INFANT) .............. ... ... 1ST PLAINTIFF and BEATR ICE NGWIRA (INFANT) .. ........ .. ....... 2ND PLAINTI FF and L. V. S. NGWIRA (MOTHER AND NEXT FRIEND) and P. KALI MI RA (MALE) .. ... .......... .... ..... ....... .. 1 ST DEFENDANT P. KALIMI RA ... ..... .... .. ........ .. ..... .......... 2ND DEFENDANT CORAM : E. B. TWEA, REGISTRAR Msisha, Counsel for the Plaintiff Defendant/Counsel absent RULING The plaintiffs are sisters and were involved in a road traffic accident which involved the motor vehicle of the defendants. The defendant operated a minibus in which the plaintiff's were passengers. Liability is not denied. What is in issue is the quantum of damages. The plaintiff' s claim is basically for pain, suffering, and loss of amenities. PW3, their father gave evidence and tendered the medical reports PEX 1 It is clear from and 2 in respect of the injuries suffered by the plaintiffs. 2/ ..... the medical reports that both plaintiffs got bruised and sustained some injuries which resulted in scars. PW1, has to bear the scourge of hiding her scars and she is now 16 years old and has a disability in lifting heavy It is clear she sustained more serious injuries than her sister, objects. PW2. I grant her K25,000 for pain and suffering, loss of amenities and disfigurement. PW2 did have injuries but the scars are smaller and not ordinarily visible as they are on the thighs. However, she told the court that she has recurrent headaches and nose bleeding. I grant her K15 ,000 for pain and suffering and loss of amenities and disfigurement. I decline to award any damages for loss of earnings as I see no evidence that the injuries will jeorpadize their earning capacity. Both are at school, unless one decrees that they may be labourers, I am of the view that such damages are too remote at this point in time. The plaintiffs are entitled to costs. PRONOU NCED IN CHAMBERS this 6th day of May 1997, at Blantyre.