Monday, 12 September 2016


HWANGE Colliery Company and nine passengers who sustained injuries when a Victoria Falls-bound Extra City bus side-swiped the trailer of a haulage truck before overturning along the Bulawayo-Victoria Falls highway, are suing the bus company for more than $71 000 in damages and medical expenses.

 The accident occurred on September 30 last year and claimed four lives including a baby who died on the spot while 23 others were injured.

The bus, which was on its way from Harare, rolled once and slid on its side for more than 200 metres following impact with the Road Motor Service truck at the 258km peg. The bus was stopped by trees in the Gwayi forest.

The 23 injured passengers including the bus driver, Owen Zembe, were rushed to Hwange Colliery Hospital.

Rosten Basi Moyo, Mpilwenhle Hadebe, Trish Nkomo, George Nyakabawo, Felix Sibanda, Shantani Shoko, Bruce Phiri, Sylvester Madokera, Angel Dube and Hwange Colliery Company, through their lawyer, Majoko and Majoko Legal Practitioners, have filed an application at the Bulawayo High Court citing Extra City Luxury (Pvt) Ltd as the respondent.

In papers before the court, the plaintiffs said they suffered bodily injuries and lost property as a result of the accident. They were rushed to Hwange Colliery Hospital for treatment and the hospital is demanding $18 341 from the bus company for the medical bills.

“Defendant advised Hwange Colliery Hospital that the medical bills for all its passengers admitted to the hospital would be paid by its insurance company. Despite enquiries by the hospital on the issue, the defendant has been evasive,” said the plaintiffs’ lawyers.

The accident victims are demanding varying amounts ranging from between $15 to $20 000 being damages for pain, shock, disfigurement, contingencies, medical expenses incurred and loss of property and amenities.

“Extra City Luxury is liable to the plaintiffs as it is the registered owner of the vehicle and is vicariously liable for the conduct of its employee, Owen Zembe who was driving the bus on the day of the accident,” said the plaintiffs’ lawyer.

The accident victims said despite demand, the defendants have failed, refused or neglected to compensate them for the injuries and damages suffered. The plaintiffs are seeking an order compelling Extra City Luxury to pay $50 944 and P203 500.

The bus company through its lawyers, Machiridza Commercial Law Chamber, filed a notice to enter an appearance to defend the summons but failed to answer to the claims within the stipulated five days.

Majoko and Majoko Legal Practitioners on Friday filed a notice of intention to bar the defendants from opposing the application paving way for an application for a default judgment. chronicle


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