Motor vehicle third party insurance invalid, girl tells court

Kampala. A minor, whose limbs were amputated after a road accident, has petitioned the Constitutional Court challenging the compensation amount awarded to her under third party motor insurance.
In January 2010, Diana Nakasi was knocked by unidentified motor vehicle and suffered severe injuries that led to amputation of both legs.
Suing through her mother, Milly Nabalamba, the seven-year child filed the petition jointly with Muslim Centre for Justice and Law, a civil society organisation, contending that Sections 2, 34 and 42 of the Motor Vehicle Insurance (Third Party Risks) Act and Regulation 4 of the Motor Vehicle Insurance are inconsistent with the Constitution.
Through her lawyers, the juvenile is seeking an order against the government for compensation and a declaration that the Third Party law is null and void.
The Motor Vehicle Insurance (third party risks) Act was enacted to provide compulsory insurance against third party risks in respect of the use of vehicles and to establish a national defendant council ad provide for other matters connected therewith.

No constitutional interpretation
The petitioners contend that there are many accidents caused by vehicles leading to numerous victims of uninsured vehicles as well as hit and run cars but no remedy is given.
In response to the petition, the Attorney General (AG), the government’s chief legal representative, states that the petition does not raise any issue for Constitutional interpretation and was, therefore, filed in a wrong court.
“I know that the claim by the respondent can be dealt with by the High Court after all evidence has properly been addressed and evaluated by way of enforcement under the provisions of Article 50 of the Constitution,” reads the sworn response by State Attorney Imelda Adongo.
The petition has not been fixed for hearing.