Commuter Omnibus Crash Survivor Sues The Owner For USD$30 000
A MAN from Gweru who survived when a commuter omnibus he was travelling in was involved in a fatal accident that claimed 10 lives, is suing the driver and the owner of the vehicle for more than US$30 000.
The incident occurred on April 2 in 2016 at the 303km peg near the Vungu Bridge along the Bulawayo-Harare road.
Mr Onuel Gono sustained severe injuries when a Gweru-bound Toyota Hiace kombi, which he was travelling in, encroached into the lane of an oncoming Mitsubishi Colt, resulting in a head-on collision.
The driver of the kombi that was carrying 18 passengers, Mr Nkosilathi Moyo, lost control of his vehicle after a left tyre burst and rammed into the oncoming vehicle which had four passengers.
Eight people perished on the spot while two others died on admission to Gweru Provincial Hospital. One passenger in the Mitsubishi Colt survived.
Mr Gono, through his lawyers, Legal Aid Directorate, filed summons at the Bulawayo High Court, citing Mr Moyo and Mr Nherera Mhasvi, who is the owner of the kombi, as defendants.
He is seeking an order directing the defendants to pay him US$32 566, 50 being damages for pain, suffering, medical expenses and permanent disfigurement.
In papers before the court, Mr Gono accused Mr Moyo of negligence and reckless driving.
“The collision was caused by the negligence of the first defendant (Mr Moyo) who failed to keep a proper lookout and was travelling at an excessive speed. He was also driving without passenger liability cover,” he said.
Mr Gono said he sustained blunt chest trauma, fractured ribs, facial injury and a right humerus fracture.
“The doctor who attended to me set the percentage of disability at 27 percent. The injuries were managed through admission, resuscitation, analgesia, antibiotics, operative management and a nail femur removal was done,” he said.
Mr Gono said despite having undergone a number of surgical operations, he still requires further surgery on his right eye.
The defendants are yet to respond to the summons.