Transport company sued over service station fire
A LOCAL transport company, Creadlyne Transport, has been hauled to court by a shop owner after fire destroyed her goods when a haulage truck offloading fuel exploded in Ruwa.
Joyce Kanhukamwe said she lost motor spares worth US$80 000 in the fire after a Creadlyne Transport driver allegedly failed to follow safety procedures when he offloaded fuel.
The incident occurred on November 5 last year at Ram Service Station in Ruwa.
The haulage truck driver, Aleck Chivanga, and Hunt Adams Insurance are cited as respondents.
“The driver was negligent and did not follow all safety protocols that are supposed to be adhered to in the offloading of fuel.
“As a result of his negligence and omission, an explosion occurred between the horse and tanker belonging to Creadlyne Transport,” said Kanhukamwe in her papers.
She said she did not recover anything from her shop after the fire.
“The explosion ignited a fire that quickly spread and engulfed the Ram Service Station complex and surrounding areas including Kanhukamwe’s motor spares shop, which was situated within the perimeter of the service station.
“The fire obliterated Kanhukamwe’s shop which had stock valued at US$80 000 and she did not recover anything from the shop,” she said.
She said the court must hold the transport company liable for the damage she incurred.
“Creadlyne Transport is vicariously liable for the damage that occurred as a result of the fire as it is its employee who omitted to follow the necessary safety protocols and was negligent.
“Furthermore, Creadlyne Transport’s equipment is the one that malfunctioned and caused the fire that ultimately destroyed the goods,” she said.
The businesswoman claims despite several demands, both the transport company and its insurance company have neglected or ignored to pay.
She wants the court to make a determination through the payment of US$80 000 or its equivalent in local currency plus interest calculated at the rate of 12 percent per annum.
The matter is pending before the courts.