JUDGMENT OF THE COURT
1. The appellant, James Mukatui Mavia, sustained multiple injuries as a result of a road traffic accident on 24th December 1999 along Naivasha-Mai Mahiu road involving the respondent’s motor vehicle and a vehicle driven by the appellant. In 2001, the appellant filed Nairobi H.C.C.C NO. 735 of 2001 in the High Court against the respondent seeking damages for pain, suffering and loss of amenities; loss of earnings of Kshs.8, 179.00 per month; loss of earning capacity and future medical treatment expenses.
2. At the commencement of the trial in the High Court, it was agreed between the parties that the respondent should shoulder 70% liability for the occurrence while the appellant would bear 30% of the liability. The trial court entered judgment in those terms and thereafter proceeded to take evidence for purposes of assessment of damages.
3. In the Judgment the subject of this appeal dated 30th July 2003, the High Court awarded the appellant Kshs. 105,000.00 (Kshs. 15…