Uganda Funeral Services ordered to pay Shs260m to motorcyclist knocked by company car
Some of the ambulances used by Uganda Funeral Services Limited (UFS) parked at their offices in Kampala. PHOTO/ FILE
What you need to know:
- The judge also ruled that the vehicle had no right of way and that there was no justification to drive in the opposite direction with no siren or warnings to the other road users that expected no traffic from the opposite direction.
The High Court in Kampala has ordered Uganda Funeral Services Limited (UFS) to pay over Shs260m as compensation for special damages and general damages to a man who was knocked and injured by one of the company’s vehicle.
Justice Musa Ssekaana’s decision came after hearing a case that was filed in 2022 against the funeral service by one Hirani Manji Kanji, who told court that a speeding car registration number UAY 513Y that belongs to UFS knocked him on December 21, 2021 while he was riding his motorcycle, registration number UEC 289N.
According to Kanji, the crash left him with life-threatening injuries for which he is still undergoing treatment.
The said vehicle was, according to evidence before court, being driven on the wrong side of the road when it knocked Kanji in a hit-and-run.
"The defendant’s driver run over the Plaintiff and didn’t bother to stop to take him to the hospital that was 100 meters away which is inhumane and a total disregard of the Plaintiff’s life," Justice Ssekaana observed.
According to the judge, the circumstances of the case indicate that the defendant (UFS) tried to deny liability and avoided any contact of the plaintiff (Kanji) or to render any assistance in spite of the glaring evidence of the crash.
"They ignored or refused to give any medical care or financial support to mitigate the damage,” he said.
Evidence before court showed that after the crash, the driver in the UFS vehicle fled the scene but police later identified the car with the help of the CCTV cameras.
“The defendant did not make any specific answer to what was pleaded and also never came to court to lead evidence to support their defence leaving court with only one inference and conclusion that the motor vehicle was indeed involved in an accident which injured the plaintiff,” Justice Ssekaana ruled.
The judge also ruled that the vehicle had no right of way and that there was no justification to drive in the opposite direction with no siren or warnings to the other road users that expected no traffic from the opposite direction.
“According to the video clip that was among the exhibits brought to court, it is clear that the driver of the vehicle was on the wrong side and took no trouble at all to protect other road users. The plaintiff has satisfied the court that the defendant’s driver was negligent,” Justice Ssekaana ruled.
The court further noted that the defendant (UFS) is vicariously liable for the actions of its driver whom they did not disclose at the time of the accident and that they are aware of the plaintiff’s claim.
“The defendant has to date never indicated that the vehicle was stolen or being driven by an unauthorized person,” the judge revealed as he apportioned liability to the funeral home.
READ: Full judgment
Although Kanji had asked court to find UFS liable of negligent as he sought a compensation of Shs300 million, arguing that he had been inconvenienced for long and had spent more than Shs40 million on treatment, court awarded him Shs100 million as general damages and Shs161, 456,000 as compensation for special damages.
[email protected]
