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The trial court erred in awarding general damages inordinately high and loss of income without proof; the appellate court reduced general damages and set aside the award for loss of income, holding that the right to claim against the insurer arises from statute and policy, not proof of negligence.
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The High Court recorded a consent judgment adopting a deed of settlement, ending a motor accident claim for Tshs 6,000,000 and each party bearing its own costs.
The plaintiff failed to strictly prove the claimed specific damages as required by law; therefore, the claims for TZS 350,000,000/= were dismissed. However, the court found that the plaintiff suffered pain, mental anguish, and psychological torture due to the loss of her husband and, exercising its discretion, awarded TZS 50,000,000/= as general damages.
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The 3rd Defendant’s reckless and negligent driving caused the accident and death of the Plaintiff’s daughter. The 1st Defendant, as owner, and the 2nd Defendant, as managing director, failed in their statutory duty to ensure the vehicle was insured. The Plaintiff failed to strictly prove special damages for funeral, medical, and vehicle repair costs, but is entitled to general damages for the psychological and emotional suffering caused by the wrongful death.
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High Court motor-accident case awarding proved special damages, loss of revenue, and general damages, with insurer indemnity for repair costs.
Special damages were not strictly proved as no payment evidence was tendered; loss of income contract was not proved by receipt or payment; insurer was liable as notification issue was not pleaded; general damages were erroneously assessed based on extraneous matters; vicarious liability arose by implication from pleadings and evidence.
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The court found that the accident was caused by the negligence of the 1st Defendant, that the 2nd Defendant was vicariously liable as the employer, and that the vehicle was insured by the 3rd Defendant at the time of the accident. The Plaintiff failed to prove special damages but was awarded general damages for the loss suffered.
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The appellants proved entitlement to TZS 5,000,000 as specific damages for funeral expenses and TZS 50,000,000 as general damages for the 1st appellant due to loss of consortium and support. The 2nd, 3rd, and 4th appellants failed to prove dependency or entitlement to damages. The trial court erred in not awarding proven specific damages and in its assessment of general damages for the 1st appellant.
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High Court held that a passenger in an insured bus was entitled to general damages, but denied specific damages not strictly proved.
The appellant was not negligent in following up with NIC, but failed to strictly prove specific damages and loss of income. The trial court's award of special and general damages was satisfactory. The omission to state reasons for not awarding costs was justified as the appellant failed to prove substantial part of his claims.
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