Mazhandu Family Bus Services Limited and its bus driver have denied that the road traffic accident which happened in January 2017 in Kapiri Mposhi and claimed nine lives was a result of negligent driving.
In this matter, Martha Banda, in her capacity as administratrix for the estate of the Esther Banda, has sued Vincent Hing’andu, the driver of the bus in which her relative died, Mazhandu Family Bus Services Limited and Phoenix of Zambia Assurance Company (2009) Limited in the Lusaka High Court, claiming compensation for loss of life.
She is further seeking damages under the Fatal Accident Act of 1846, damages under the Law Reform (Miscellaneous Provisions) Act Chapter 74 of the Laws of Zambia, general damages for negligence, damages for loss of future prospective earnings, interest and costs of proceedings.
Banda stated in a statement of claim recently that on January 31, 2017, the deceased, Esther, was a victim of the road traffic accident occasioned at Vuba area along the Great North Road in Kapiri Mposhi.
She stated that the accident involved a Mazhandu Family Bus Service/Pan African Higer (PSV) bus registration no. ALZ 3197, which was being driven by Hing’andu from South to North and a Freightliner Truck and Trailer (PSV) registration no ACM 1160/ACV 4287 T driven by a Kache Peter Pilate from North to South on the same road.
Banda further stated that as a result of Hing’andu’s negligent driving, he failed to keep to his near side of the road, hence swerved to the right lane and collided with the first motor vehicle that was coming from the opposite direction, which had the right of way.
But in their defence, Hing’andu and Mazhandu Family Bus denied that the deceased was a victim of the road traffic accident, adding that the same were within Banda’s peculiar and exclusive knowledge, and she shall at trial be put to strict proof thereof.
They, however, admitted that a collision occurred between a bus driven by Hing’andu and a Freightliner Truck Registration no ACM 1160/ACV 4287 T.
Regarding Banda’s claim that as a result of Hing’andu’s negligent driving, he failed to keep to his near side of the road, hence swerved to the right lane and collided with the first motor vehicle coming from the opposite direction which had the right of way, Hing’andu and Mazhandu Family Bus denied that they were guilty of the alleged or any negligence or at all.
They further denied that the matters complained of were caused as alleged in some paragraphs of the statement of claim.
Hing’andu and Mazhandu Family Bus denied that the plaintiff was entitled to any of the reliefs sought in the statement of claim.
“Save as is herein before expressly admitted, the first and second defendants deny each and every allegation and claim as if the same were specifically set out and traversed seriatim,” they stated.