EAGLE TRANSPORT CO. LTD
V.
ANYIA & ANOR

BOLOUKUROMO MOSES UGO, J.C.A.(Delivering the Leading Judgment): On the 14th day of October 2003, the appellant's commercial vehicle, a station wagon with Registration No XA 424 AKA insured by UNIC Insurance Plc and driven by appellant's driver Solomon Omoregie in the course of his employment, was on its way to Abuja from Benin City when it had a ghastly accident at Karara Bridge on the Lokoja/Abuja Highway. Three fare paying passengers, among them the respondent's twenty-five-year-old daughter, Miss Eunice Anyia, a graduate of Business Administration, lost their lives in it. The respondent attributed the cause of the accident to the negligence and reckless driving of appellant's said driver. He asserts that appellant's driver tried to dangerously and recklessly overtake another vehicle at the time of the accident but came face to face with an oncoming trailer and, in order to avoid collision with it, tried to avoid it by swerving and in the process had the accident when he ended up hi…