High Court in Kisumu partially allowed an appeal by Easy Coach Limited and its driver.
General damages for the injured passenger were reduced from Sh1.2 million to Sh1 million.
The court upheld that the company and driver were fully liable for the 2020 bus-lorry collision.
Special damages of Sh46,057 remain unchanged.
Each party will bear its own legal costs.
Background of the Accident
The case involved Edward Odwaro Ondhoro, who was seriously injured in a crash near Awasi on February 1, 2020.
He sustained:
A fractured jaw
Loss of four teeth
Injuries to his tongue, forehead, and legs
Ondhoro had initially been awarded Sh1.2 million in general damages and Sh46,057 in special damages by a lower court.
The Appeal
Easy Coach Limited and its driver, Omondi, challenged the award, claiming:
The compensation was excessive.
The complainant did not provide initial treatment notes.
They proposed reducing the award to Sh300,000, arguing the injuries were not fully proven.
High Court Ruling
Justice Alfred Mabeya ruled:
The liability of the company and driver remains, confirming they caused the accident.
Injuries were adequately supported by a P3 form and a dental report admitted in court.
The absence of initial treatment notes did not weaken the case.
The general damages were revised to Sh1 million, while special damages stayed at Sh46,057.
Both parties will bear their own legal costs.
Outcome
The court’s decision balances the recognition of Ondhoro’s injuries with a fair adjustment of the general damages. Easy Coach and its driver remain liable, but the award was slightly reduced to reflect judicial discretion.
The High Court in Kisumu partially allowed an appeal by Easy Coach Limited and its driver. General damages for the injured passenger were reduced from Sh1.2 million to Sh1 million.
The case involved Edward Odwaro Ondhoro, who was seriously injured in a crash near Awasi on February 1, 2020.
He sustained: A fractured jaw, Loss of four teeth, Injuries to his tongue, forehead, and legs
Ondhoro had initially been awarded Sh1.2 million in general damages and Sh46,057 in special damages by a lower court.
Easy Coach Limited and its driver, Omondi, challenged the award, claiming that the compensation was excessive. The complainant did not provide initial treatment notes. They proposed reducing the award to Sh300,000, arguing the injuries were not fully proven.
Justice Alfred Mabeya ruled: The liability of the company and driver remains, confirming they caused the accident. Injuries were adequately supported by a P3 form and a dental report admitted in court. The absence of initial treatment notes did not weaken the case. The general damages were revised to Sh1 million, while special damages stayed at Sh46,057. Both parties will bear their own legal costs.
The court’s decision balances the recognition of Ondhoro’s injuries with a fair adjustment of the general damages. Easy Coach and its driver remain liable, but the award was slightly reduced to reflect judicial discretion.
