Mashudu Netsianda, Senior Court Reporter
A BULAWAYO man who was hit by a speeding commuter omnibus driver who was attempting to evade arrest at a police roadblock along Luveve road is suing the driver and his employer for more than $14 000.
The kombi driver, Mkhokheli Ncube (37), was trying to speed through a roadblock at Nguboyenja fly over in Bulawayo without stopping when he knocked down Mr Obediah Sibanda (44) of Pumula North and he sustained a broken arm and leg.
The incident occurred last year in August while Mr Sibanda was trying to cross the road.
Ncube was arrested on charges of negligent driving and convicted.
His sentence was however, not mentioned in court papers.
Mr Sibanda, through his lawyers Majoko and Majoko Legal Practitioners, has filed summons at the Bulawayo High Court citing Mr Ncube, the kombi owner only identified as R Nyoni and Sanctuary Insurance Company, as defendants.
He wants an order directing the defendants to pay him $14 370 being damages for past medical expenses, pain and suffering, loss of earnings for 16 months, transport and physiotherapy expenses.
In papers before the court, Mr Sibanda said the accident was caused by Ncube’s sole negligence.
He said he lost employment as a result of the accident but did not disclose where he was employed.
“The accident was caused by the sole negligence of the first defendant (Ncube) during the course and scope of his employment with second defendant (Nyoni).
“I sustained serious injuries from the accident and was hospitalised for five months and subsequently lost employment as a result,” said Mr Sibanda.
He said Nyoni by virtue of being the owner of the car, is liable for Ncube’s actions while Sanctuary Insurance Company was liable as the insurer.
Mr Sibanda wants the defendants to pay the money with a five percent interest calculated from the date of service of summons to the date of full payment including the legal costs.
“Wherefore, plaintiff claims from the defendants jointly and severally the one paying the other to be absolved payment in the amount of $14 370 being damages arising from a motor vehicle accident caused by the sole negligence of Ncube who was driving the vehicle during the course of his employment with Nyoni insured by Sanctuary Insurance Company,” he said.
The defendants have not yet responded to the summons. — @mashnets