JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Mulwa, J.) in the High Court Civil Case No. 99 of 2001 delivered at Meru on 20th March, 2002 . The appeal is basically on assessment of damages as the issue of liability was settled by consent at 85% and 15%.
The respondent herein (who was the plaintiff in the superior court) was hit by a vehicle owned by the 2nd appellant and driven by the 1st appellant as he walked along Meru-Maua road near Kwa Mugo. The respondent filed a suit claiming special and general damages from the two appellants alleging that the said accident was caused by the negligence of the 1st appellant for which the 2nd appellant was vicariously liable. The accident took place on 2nd November 2000 after which the respondent was admitted at Maua Methodist Hospital where he spent 20 days before being transferred to Meru General Hospital. Two medical reports were produced during the trial. Dr. J.W. Barasa in his medical report dated 23rd Apri…