JUDGMENT
The respondent in this appeal is the administrator of the estate of her husband Josephat Kinegeni M’Daka (deceased) who died in a road traffic accident on 7th January, 1998.
The deceased was travelling as a passenger in a bus registration No KAJ 073X owned by the appellant herein and which overturned at Nithi river bridge along Meru/Embu road causing fatal injuries to the deceased from which he died. The respondent sued the appellant to recover damages under the Fatal Accidents Act and the Law Reform Act for the negligence of the appellant’s driver.
The respondent alleged that the appellant was vicariously liable for the negligence of its driver. The superior court found the appellant 100% liable for negligence and awarded damages to the respondent. This appeal is against the finding of liability and secondly against the quantum of damages.
The facts which gave rise to appellant’s liability are pleaded in paragraphs 4,5 and 7 of the plaint which we set out below thus:
“4. At all m…