JUDGMENT OF THE COURT
This is an appeal by the unsuccessful defendant in the superior court against the judgment of Mbaluto, J. whereby he ordered the appellant to pay to the respondent (plaintiff) a total of Shs. 3,416,800 as damages, general and special.
The plaintiff, a business woman based at Kisii, Migori and Isebania towns, was travelling from Kisii to Migori in the defendant’s bus registration No. KZQ 128 when at Nyabigege Suneka market the bus overturned as a result of which she was seriously injured. The plaintiff filed the proceedings in the superior court seeking to recover general and special damages arising from the injuries she sustained as a result of the accident. The defendant accepted full liability for the accident and the case proceeded before the learned judge for assessment of damages only.
After a full hearing of the case the learned judge entered judgment for the plaintiff against the defendant for:
(a) General damages for pain and suffering and loss of amenities S…