$500 000 Zesa law­suit over fa­tal bike crash

Chronicle (Zimbabwe) - - National News/feature - Mashudu Net­sianda Se­nior Court Re­porter

A BU­L­AWAYO widow whose son died in a mo­tor­bike ac­ci­dent al­legedly caused by un­se­cured elec­tric­ity ca­bles ly­ing on the road, is su­ing the Zim­babwe Elec­tric­ity Trans­mis­sion and Dis­tri­bu­tion Com­pany (ZETDC) for $500 000.

The ac­ci­dent oc­curred on De­cem­ber 16 in 2015 at the 10km peg along the Bu­l­awayo-Nya­mandlovu road. The mo­tor­bike on which the de­ceased, In­no­cent Madondo was a co-rider, tripped over ZETDC ca­bles which were block­ing the road and crashed into the 10km peg sign post. In­no­cent sus­tained se­vere in­juries and died two days later in hos­pi­tal.

Ms Me­dia Madondo, through her lawyers, Dube and As­so­ci­ates Le­gal Prac­ti­tion­ers, has filed sum­mons at the Bu­l­awayo High Court cit­ing ZETDC and Cell In­sur­ance, its in­sur­ance com­pany, as the de­fen­dants. In pa­pers be­fore the court, Ms Madondo said dur­ing his life­time, her son looked after her. He would buy her food and pay school fees for his sib­lings.

“Dur­ing his life­time the de­ceased had le­gal duty thereto, in fact contributed to my sup­port by buy­ing monthly gro­ceries, pay­ing univer­sity fees for his sib­lings and ac­com­mo­da­tion,” she said.

Ms Madondo is seek­ing an or­der com­pelling ZETDC to pay $500 000 be­ing dam­ages for past hos­pi­tal and med­i­cal fees for her late son, loss of com­pan­ion­ship and sup­port, pain and suf­fer­ing after los­ing a bread­win­ner and the cost in­curred dur­ing the funeral.

“I am at all ma­te­rial time and still is in­di­gent since I am an un­e­d­u­cated old widow who has no other source of in­come since I re­lied on the sup­port of my late son,” she said.

Ms Madondo said de­spite de­mand, the de­fen­dants have failed, re­fused or ne­glected to com­pen­sate her for the dam­ages suf­fered.

“On Septem­ber 13 in 2016, through my le­gal prac­ti­tioner, I is­sued a let­ter of de­mand for the sum of $500 000 in dam­ages. The first de­fen­dant (ZETDC) re­sponded to the let­ter ad­vis­ing me that the claim has been for­warded to the in­sur­ers (sec­ond de­fen­dant). I have tried in vain to get Cell In­sur­ance to pay for the dam­ages caused by ZETDC,” she said.

ZETDC through its lawyers, Danziger and Part­ners, has filed a no­tice to en­ter an ap­pear­ance to de­fend the sum­mons.—@mash­nets.

Newspapers in English

Newspapers from Zimbabwe

© PressReader. All rights reserved.