Monday, 13 July 2020

SURVIVOR SUES DECEASED DRIVER AND BUS COMPANY


A SURVIVOR of one of the country’s worst accidents that claimed 43 lives, when a Zambia-bound King Lion bus rammed into a tree along the Harare-Chirundu Road, is suing the bus company and its deceased driver for more than $1 million.

The accident occurred on June 7, 2017 at around 10pm at the 257km peg near Nyamakate shops, Karoi in Mashonaland West province and it was declared a state of disaster.

The driver, Mr Jimson Ruzvidzo was among those who died on the spot.

Mr Khulani Ndlovu, one of the survivors who was left disabled after the accident, is now suing King Lion Motorways Bus Company for $1 027 950 being general damages, medical expenses, pain and suffering and disfigurement. 

Mr Ndlovu, through his lawyers Masiye-Moyo and Associates has filed summons at the Bulawayo High Court citing King Lion Motorways (Pvt) Ltd and Jimson’s widow, Mrs Joyce Ruzvidzo in her capacity as the executor of her deceased husband’s estate.

Mr Ndlovu said the accident was caused by Jimson’s negligence while driving his employer’s bus.

He said following the accident, he is now unable to fend for his family and has lifetime injuries which will see him seeking medical assistance in future.

“The accident was due to the negligence of the first defendant (King Lion Motorways Bus Company) in that it failed to service or maintain the vehicle to keep it roadworthy. First defendant is therefore vicariously liable,” said Mr Ndlovu. 

He said as a result of the accident, he is now experiencing hearing difficulties, has limited movement of the neck and back flexion and pelvic movement.

His eyesight was also affected and he is receiving physiotherapy as well as CT brain scan.

“As a result of the accident I suffered damages in the amount of US$16 449, $1 027 950 and R800 for estimated future medical expenses, special damages and general damages due to pain and suffering, disfigurement and loss of amenities,” said Mr Ndlovu.

He said he also lost US$4 701 and R800 in cash following the accident.

Recounting the horror crash, in papers before the court, Mr Ndlovu said he was one of the passengers who boarded a Scania Iriza bus registration ABQ 2875 owned by King Lion on the day in question.

The bus was being driven by Jimson Ruzvidzo who was employed by the first defendant.
He said Ruzvidzo was speeding and passengers had complained and warned him against that. Mr Ndlovu said the driver was stubborn and ignored passengers’ concerns.

He said the driver failed to negotiate a curve resulting in the bus veering off the road and hitting a big tree. Chronicle

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