JUDGMENT OF THE COURT
This is an appeal from the judgment of the High Court delivered by P. K. K. Arap Birech, a Commissioner of Assize on 21st August 2002 awarding Shs. 500,000 to the respondent as general damages against the appellant for injuries sustained by the respondent in a road traffic accident.
There are two grounds of appeal namely, that the award was “totally incommensurate with the actual extent of the respondents injuries” and that the Commissioner of Assize failed to consider submissions on quantum awardable to the respondent.
The respondent was a fare paying passenger in the first appellant’s bus which collided with another vehicle thereby causing injuries to the respondent. The appellants were represented by the M/s Aminga, Opiyo, Masese and Company advocates who still represent them in this appeal. At the commencement of the trial the appellants admitted full liability resulting in a judgment by consent in favour of the respondent against the appellant to the extent of …