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Mashudu Netsianda Senior Court Reporter
TWO passengers who were last year injured in an accident that occurred when a Zupco bus they were travelling in rammed into a stationary tractor along the Bulawayo-Harare road have taken the bus company to court.Mavis Mahachi and Mlamuli Ndebele are suing Zupco for more than $36,000 for damages, medical expenses incurred and the injuries they sustained.

According to court papers filed at the Bulawayo High Court last week, Zupco and Diamond Insurance Limited were cited as the defendants while Mahachi and Ndebele are plaintiffs in the matter.

Summons filed by Mahachi and Ndebele through lawyers Majoko and Majoko Legal Practitioners read: “On May 15, 2014 at the 351km peg along the Bulawayo-Harare road, we were travelling in a Zupco bus when it rammed into a stationary tractor which had broke down.”

Mahachi stated that she suffered injury damages in the sum of $2,122 as a result of shock, pain and medical expenses. Ndebele said he lost three fingers after they were amputated due to the nature of the injury sustained in the accident and is demanding a total of $34,573 in damages.

The two are holding Zupco liable as the owner of the offending vehicle while Diamond Insurance Limited is accountable by virtue of being the insurer for the bus company.

“Zupco is liable to the plaintiff as the registered owner of the offending vehicle and they’re vicariously liable for the negligent conduct of their driver. Diamond Insurance Limited is liable to the plaintiff as they’re the statutory insurers of the offending vehicle,” said the lawyers.

According to the court papers, Ndebele and Mahachi are demanding that Zupco and Diamond Insurance Limited pay a total of $36,695 with collection of commission calculated in accordance with by-law 70 of the Law Society of Zimbabwe by-laws of 1982.

“Wherefore plaintiffs claim against defendants jointly and severally, the one paying the other to be absolved. Payment of $2,122 for Mahachi and $34,573 for Ndebele and the cost of suit at attorney-client scale,” said the plaintiffs in their summons.

The two plaintiffs indicated that despite demanding the payment, the defendants have refused, failed or neglected to pay the amount.

The Road Traffic Act requires all public service vehicles to have passenger insurance, among other requirements, for them to be allowed to carry passengers.

It is mandatory for public transport providers to cover medical bills for injured passengers and cover funeral expenses for the deceased.

Zupco and its insurance company have not yet entered an appearance to defend themselves against the summons. No hearing date in the civil matter has been set.

The bus company’s financial status has over the years been dwindling as it struggled to pay its workers their salaries.

Labour disputes have also been haunting the parastatal, a development that saw several of its properties attached and later released in a bid to settle the labour damages.

In May 2013, Pioneer Motor Company attached Zupco’s building in Highlands, Harare, over a $763,000 debt. The Supreme Court provisionally stopped the auctioning of the Highlands property.

Pioneer sold 50 Scania buses to Zupco in 2004 for $4,877,000 but the bus company paid $4,113,932 leaving a balance of $763,086.