JUDGMENT
This appeal arises out of a claim for damages in negligence filed in the High Court as a result of a fatal motor accident. The respondent is the widow of Kentar Singh Virdee with whom she was traveling in their Volkswagen car KGA 392 driven by her husband when it collided with another car, an Opel KKT 253, owned by the first appellant and driven by Shah, the second appellant. The collision took place at about 9.00 pm on 19th September 1972 at the junction of Park Road and Meerut Road in Nairobi. The respondent’s husband died as a result of the injuries he sustained in the collision and the respondent herself sustained injuries. These two factors formed the subject-matter of the respondent’s suit in the High Court which she instituted for her own benefit and for the benefit of her five children.
There was no dispute that the collision took place. Each party, however, blamed the other for negligence or for contributory negligence. The trial judge, Madan J, found that the second a…