Justice Isaac Bonny Teko of the Civil Division of the High Court has condemned Yuvraj International Limited in damages of Shs.65m as compensation to a Kitante Primary School pupil who was recklessly injured in a road accident caused by an agent of the company.
The legal victory was scored by Human Rights lawyer Sentumbwe Yasin Munnagomba of M/S Foundation For Human Rights Initiative, who proved to Court the company’s liability in negligence that resulted into serious injuries and trauma to the infant.
According to Court documents, Rian Mugisa who is turning twelve years this year sued the company responsible for distributing and assembling TVS motorcycles in Uganda through his father Abbey Kusemererwa.
In his evidence, Kusemererwa told Court that he is the biological father of the minor, and narrated that on 20th August, 2023 along Bukoto–Kyebando Road in Kampala city, his son Rian Mugisa was knocked by a speeding reckless motorcycle belonging to Yuvraj International.
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Kusemererwa testified that on the fateful day, he left his son under the care of his mother in the morning but at about 5:00pm, he was surprised to receive a phone call informing him that his son had been knocked.
He testified that upon arrival at the scene, he found his son bleeding from the mouth and in severe pain while the motorcycle, Registration Number UFU 737N, had been abandoned at the scene.
He was helped by other people at the scene to rush the injured son to Mulago National Referral Hospital where medical doctors discovered that he had suffered a fractured arm, dislocated jaw and lost eight permanent teeth.
Kusemererwa’s evidence was supported by police Form 3 which revealed that the motorcycle rider was John Omogole who had no riding permit and no insurance.
With the guidance of his lawyer, Kusemererwa further presented Uganda Revenue Authority (URA) search report confirming that Yuvraj was the registered owner of the said motorcycle at the time of the accident.
The judge agreed with Sentumbwe’s submission that Yuvraj failed to provide evidence that there was a sale agreement, or transfer form, or proof of change of ownership from URA.
“In the absence of proof of lawful transfer, I find that the ownership of the motorcycle in question remains vested in the Defendant. Accordingly, this issue is answered in the affirmative and in favour of the plaintiff,” the judge ruled.
The judge established that Omogole rode recklessly at an excessive speed, and in the opposite direction of a one-way road.
The judge based his decision on a Police abstract report confirming that Omogole fled the scene after recklessly knocking down the infant, which strengthened the inference of negligence.
The judge cited Sentumbwe’s submission to prove negligence including excessive speeding, failure to observe road signs, riding without a permit, riding without insurance, and riding against traffic rules.
The judge established that Omogole breached the duty of care which resulted into causing injury to a pedestrian and that it was greater because it involved an infant.
“It was held that motorists must exercise a higher standard of care where children are concerned. The evidence of the Police abstract is that the rider was riding in the opposite direction of a one-way lane. That fact alone is compelling evidence of recklessness,” the judge ruled.
The judge rubbished the company’s defence denying ownership of the motorcycle noting that it was registered in their company name yet they failed to explain how ther motorcycle came to be at the scene or how Omogole came to be in possession of it at the time of the road accident.
“The Defendant did not rebut the presumption of agency. In my view, once ownership was established and the Defendant failed to rebut agency, vicarious liability inevitably follows. I accordingly find the Defendant vicariously liable for the negligent acts of its rider,” the judge stated.
The judge directed the motorcycle company to compensate the infant Shs1.3m which was spend on medication based on the evidence provided to court.
He further directed the company to pay Shs24m to be used to buy eight teeth which the pupil lost as a result of the accident.
The company was also directed to pay Shs30m in general damages and Shs10m in aggravated damages and costs of the suit.
The judge stated that all the damages awarded to the pupil attract an annual 8% interest from the date of judgement till payment in full.
