KAMPALA, Uganda| The High Court in Masaka has ordered JPMAB Limited to pay shs 100M to one Namusoke Amina due to injuries sustained, negligence, special damages, medical expenses, and ambulance expenses that came in as a result of an accident that led to the death of occupants when two trucks collided along the Masaka-Kampala highway.

Namukose Amina sued JPMAB Ltd for negligence after her Fuso Truck Reg. No. UBG 720L was written off and several occupants, including her driver, died following a collision with the JPMAB Limited Trailer Truck driven by Bahezi Amisi.

She claimed that JPMAB Limited was negligent, which led to the loss of a motor vehicle, and asked for compensation, special damages and general damages, interest and costs that occurred on the 27th of September, 2020.

” Driver Muzaya Asadi (now deceased) was driving a motor vehicle reg. no. UBG 720L Fuso truck from Mbarara carrying matooke. And then when the driver reached Nkoni Village on the Masaka-Kampala highway, the defendant’s driver called Bahezi Amisi, while travelling in a trailer, Reg. No. RAE 836A, negligently swerved from his side and knocked the plaintiff’s said motor vehicle on his side from Masaka-Kampala.” Namusoke claimed

Namusoke submitted that the motor vehicle was damaged to written off value resulting into the deaths of Turyakira Mathias, Byesiga Dan,Muzaaya Asadi friday and injuries to Tenywa Salim and she further submitted a copy of the traffic accident report vwhicle inspection report which indicated that the Namusoke’s driver was the one driving the motor vehicle fuso fighter which was ocupied by Turyakira Dan and Byesiga Dan the owners of the goods at the time the accident happened and that the result of the accident where some of the occupants in the vehicle died and other fractured and rushed to Masaka hospital for first aid and later rushed to Mulago hospital where they got treatment from.

In the Written Statement of Defence, the Defendant (PJMAB Limited) averred that the claims listed by Namusoke are false, as the accident was caused solely by the negligence of her driver, who was driving the Fuso truck, and that the driver was driving at excessive speed and not the defendant’s driver .

PJMAB Limited also denied that Namusoke’s car was damaged to the written-off value and also denied the accident was solely caused by the defendant’s driver, Bahezi Amisi, in the course of his employment. The defendant said that he is responsible for the expenses and costs incurred by Namusoke, as it was equally a victim of the accident. that even if he is to be held liable for the loss of the accident. He is only entitled to indemnity, having insured his car that caused the accidents with Prime Insurance Limited in Rwanda and was issued the COMESA Yellow Card.

Justice Lawrence Tweyanze found the JPMAB Limited driver was negligent based on unchallenged evidence, police reports, and the sketch plan, and held JPMAB Ltd vicariously liable for his actions.

”The plaintiff’s claim for special damages relating to the vehicle’s value was rejected for lack of a valuation report, but towing, medical, and ambulance expenses totalling UGX 7,000,000 are awarded.” Justice Tweyanze ruled

The court granted general damages of UGX 100,000,000 for loss of property and inconvenience, with interest at 18% per annum on both heads from the date of judgement until payment in full, and costs were awarded to Namusoke.