JUDGMENT OF THE COURT
The appeal before us arises from a decision of the superior court, Osiemo J, in a road traffic accident case and there is no challenge on liability for the accident. The respondent, who was the plaintiff before the superior court, was traveling as a fare-paying passenger in a matatu vehicle, Reg. no. KUU 516 owned by the appellant and driven by his servant on 11th May 1992 along the Machakos-Kitui road when the vehicle rolled at high speed and the responded sustained bodily injuries.
He listed his injuries in the plaint filed in December 1992 as follows: -
“(a) Multiple bruises on forehead.
(b) Deep cut on palm of left hand.
(c) Fracture on left radius and ulna bones.
(d) Severe injuries on left arm.
(e) Severe injuries on the flexion tendons of the thumb, index and middle fingers of the left arm.
(f) Injuries on left fore-arm”.
Two medical reports on the injuries were produced at the hearing of the suit and will be discussed in detail shortly. He was admitted in Machakos…