Lusaka man sues doctor, NICO Insurance for K4m over accident

A 27-year-old agronomist has dragged a medical doctor to court seeking special damages of over K4 million for loss of income as a result of the accident caused by the physician last year, which led to the amputation of his leg.

John Nsokoshi, a Lusaka resident who has sued Mutinta Halwindi as first defendant and NICO Insurance Zambia Limited as second, wants compensation for medical expenses incurred after the accident as well as damages for negligence resulting in permanent disability.

He laments that as a consequence of the injuries sustained in the accident, he has lost his employment, is unable to enjoy conjugal rights and requires constant nursing assistance everyday.

In a statement of claim filed in the Lusaka High Court, January 8, Nsokoshi stated that prior to the accident, he was an able bodied married man, who had trained as an agronomist and worked as a field salesman with a monthly income of K4,650.

He added that from informal sector business ventures, he used to earn an an average monthly income of K10,000.

Nsokoshi stated that in June last year, he was driving his employer’s motorbike on Great East Road near Chainama Hospital Gate in the direction East to West when Dr Halwindi, who was driving a Toyota RAV4 on the same road, but in the direction South to North, hit into his bike thereby extensively damaging it.

“This caused the plaintiff to fall off the motor bike and suffer injuries. Particulars of injuries; severe bodily pain and concussion from falling off a bike; bruises and cuts; complete breakage of left leg leading to above knee amputation; 65 per cent permanent disability and permanent disfigurement,” read the statement of claim.

He stated that as a consequence of the said injuries, he was hospitalized for 25 weeks to receive treatment.

Nsokoshi lamented that as a consequence of the injuries sustained in the accident, he has lost his employment, is unable to enjoy conjugal rights and requires constant nursing assistance everyday.

He further stated that the defendants were aware of his injuries and losses, adding that Dr Halwindi had previously admitted liability for the accident and paid K400 for recurring costs, but had since gone quiet and had not been helpful or concerned with his well-being.

Nsokoshi added that similarly, the second defendant had notice of his claim, but had not paid out any funds out of the insured amount.

He now seeks damages for negligence, special damages for medical expenses incurred in the sum of K50,000, special damages for required medical procedure and treatment in the sum of US $17,409.80, special damages for loss of income from formal employment amounting to K1,405,600 and special damages for loss of income from informal business venture in the sum of K3,192,000, among other claims.

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