[1993] UGHC 88

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA CIVIL SUIT NO. $51/93$

BENEDICTO TUGUNIKIRIZE ::::::::::::::::::: PLAINTIFF

VERSUS

UGANDA ELECTRICITY BOARD :::::::::::::::::: DEFENDANT

**BEFORE:** The Hon. Mrs. Justice M. Kireju

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Judgement

The plaintiff is a minor suing by his next friend Toddy Tumusime and is a resident of Kibaale County in Kabarole District. The plaintiff'sclaim is for general damages for injuries he sustained on 15/5/1992, when he was electrocuted accidentally after stepping on defendant's live electricity transmission lines which were lying on the ground after the transmission pole had fallen down. At the outset of the hearing of this suit, Mr. Kateera, the defendant's counsel admitted liability to compensate the plaintiff and accordingly all that is left for me to decide is the amount of damages to which the plaintiff is entitled for the personal injuries. he sustained as a result of the accident.

Mr. Mugabi of M/s Mugabi and Co. Advocates represented the plaintiff in this case and as already stated, Mr. Kateera of M/s Hunt and Greig represented the defendant. Both parties did not call evidence but relied on the Medical report by Prof. J. G. Sekabunga which was admitted in evidence.

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According to the medical report prepared by Prof. J. G. Sekabunga sargeon to Mulago Hospital, the plaintiff,

a boy aged 10 years stopped on loose electric wire lying on the ground on 15/5/1992. He was admitted in Virika Hospital. On examination he was unconscious. With extensive burn wounds on the front and back of the chest and abdomen, penis, scrotum and upper and lower limbs. He was treated with analgesics to control the pain and antibiotics to prevent infection. After one day he gained consciousness. His progress was slow and he was discharged on 15/1/1993, he was advised to attend for physiotherapy exercises. When the doctor saw him on $5/5/1993$ , he was still unable to go back to school. The wounds on the chest and abdome were healed but wounds behinds both knees were not healed. He has limited movements of both knees and he complained of impotence. His permanent disability was assessed at 60%. I accept the medical report and find that the plaintiff sustained the injuries and disability described in the report. However, it is not from the report whether the plaintiff was confirmed as being impotent as the report only says that the plaintiff was complaining of impotence. I viewed the plaintiff in court, and saw for myself the injuries complained about, for penis there is only a stump left, it is possible that the plaintiff is impotent but the court would have greatly assisted if the doctor made his own finding, confirming of or denying what the plaintiff said; especially considering his tender age. The plaintiff a young boy has been crippled by the injuries and the assessment of permanent diability at 60% is not exaggrated in the circumstances.

Mr. Mugabi, in his submission said that the plaintiff received grave injuries as a result of the burns that he has got scars and stiffness in the legs which make him walk like a robot. That there is possibility of further treatment as the knees have not yet healed. The plaintiff was hospitalised for 7 months and he suffered incalculable pain. He further submitted that the plaintiff will never-marry or have sextual relations, nor have any children as a result of the accident. he prayed for substantial award of damages in order to compesate the plaintiff. Counsel referred me to the case Godfrey Kateregga vs. Uganda Electricity Board HCCS 93(B) of 1989 unreported Where court awarded shs. 15m in a case where the disability was assessed at 30%. He also referred me to the following cases Serverino Bamwegisa vs. Attorney General of Uganda HCCS No. 137/68 reported in Wilkinson's Book on Quantum of Damages 3rd Ed Page 73 where the plaintiff aged 29 years sustained irreparable injury to the back and could no longer have sextual intercourse and has to take up sedentary occupation was awarded shs. 95,000/= damages. Adriani Mutabazi vs. Attorney General Uganda HCCS No. 348/18 Wilkson's Book on Quantum of Damages 3rd Ed P.74 . The plaintiff in this case sustained injury to sacro-iliac join's between the trunk and peluis, pain likely to increase and lack of mobility, only high work possible. Prevent ad from normal marital relations, may improve (and be able to have intercourse shs. 100,000/= awarded . . as general damages. $C_{\text{c}}$ unsel argued that at the time the awards were awarded d

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the dollar was $U_g$ shs. $7/$ = that if you multiply to the current rate of shs. 1200/= to a dollar, the award would be shs. $18m_{\bullet}$ He submitted that in those cases the plaintiffs were adults whereas in this case the plaintiff is young boy. Ntimba vs. UEB S. C. $\Lambda$ ppeal 16/1992 where the disability was assessed at 80% the award was shs. 29m. HCCS No. 88/1990 Erisa Musaneri vs. UEB a sum of shs. 20 million was awarded to a boy of 12 years.

Counsel submitted that since this was once and for all award he prayed that a sum of shs. $25$ m. be awarded to the plaintiff together with interest from the date of filing the case and costs of the suit.

Mr. Kateera in his submission admitted that the injuries $M$ were severe but they did not call for the heavy damages the plaintiff's counsel was praying for. Referring to the case of <u>Kateregga</u> cited above, counsel submitted that injuries in that case were more serious as the plaintiff had sustained head injury, raptured urethra and persistant headaches. Counsel also referred to the case of Ntimba vs. UEB , which he said was distinguishable bacause of the accident, the plaintiff was confined to a wheel chair, that his injuries were such that he could not feed or cloth himself or take himself to toilet, he needed someone to look after him for the rest of his life. Counsel submitted that the plaintiff's counsel's submission that the plaintiff may have problems in future and that his pain is incalculable were baseleds as they were not supported by the medical report. The allegation. that the plaintiff was important was also not supported by the medical report.

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Counsel submitted that the prayer for excrbitant damages had no basis and he proposed an award of shs 12m. with interest from the date of judgement.

The award of general damages is in the discretion of court after considering the facts of each case. I have considered the submissions by both counsel and the medical report and as I have already stated, I saw the injuries the plaintiff sustained when he appeared in court. I prefer to follow recent court decisions rather than trying to use the old. ones by using the dollar formular. In my opinion the dollar can be used as a guide to show the rate of inflation but not to just convert the dollar to a shilling without other considerations. The young boy of almost 12 years sustained severe injuries, which have left him with terrible scars he was unconsoious for one day. Although impotence was not conclusively proved, it is more likely that he is impotent. as his penis was almost burnt off, his knees are stiff, he cannot walk properly and they were not yet healed, he was hospitalised for more than 7 months and suffered great pain, his permanent disability has been assessed at 60% which I think is high and serious. Taking all the above into consideration I award the plaintiff general damages for pain and suffering and loss of amenities in the sum of shs. $16,000,000/=$ (sixteen million shillings) with interest at court r rate from the date of judgement until payment in full. The plaintiff is also awarded costs of this suft.

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Mr. Mugabi - for the plaintiff. $Mr.$

Mr. Mukwatanise $-$ for the defendant.

Mrs. B. Ssensonga - Court clerk.

Judgement delivered before the above.

$111$ M. KIREJU J U D G E

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