Boda boda rider who lost leg in accident awarded Shs 21m

The High court in Kampala has awarded Shs 21 million in compensation to a boda boda rider who lost his leg in a road accident nearly nine years ago.

The victim, Benson Kato, was knocked down by a vehicle driven by Mike Kalema at the Kyebando Roundabout along the Northern Bypass in September 2016. Following the accident, Kato was admitted to Mulago National Referral hospital, where his leg was later amputated.

In his suit, Kato sought Shs 800 million in general damages and Shs 12 million in special damages. He told court that prior to the accident, he earned Shs 100,000 daily from his boda boda business and was the sole breadwinner for his four-member family.

He said the injuries left him permanently disabled and unable to provide for them. Kato also argued that Kalema had admitted liability by offering him Shs 600,000 at a police station shortly after the accident. Presiding over the case, Justice Simon Peter Kinobe found Kalema liable for the crash.

“I therefore find that the defendant breached his duty of care, caused an accident and occasioned the plaintiff injury… I find the defendant culpable of negligence and hold him liable for the injury caused to the plaintiff,” Kinobe ruled.

However, the judge declined to grant the Shs 812 million Kato had demanded, citing a lack of evidence to support the claimed daily income. Instead, court awarded Kato Shs 20 million in general damages and Shs 1.08 million in special damages. The amount will attract a 6 per cent annual interest until full payment. Kato was also awarded costs of the suit.