EFUA ABAKOMA v. DONEWELL INSURANCE COMPANY LTD.

On 1st August 2011, plaintiff filed an amended writ of summons and statement of claim, pursuant to leave granted by this court.

The facts showed that plaintiff who is a trader aged 61, got injured when the vehicle in which she was travelling from Sekondi to Tema, crashed into the rear of another vehicle.

That vehicle has GN 3557Y, as its registration number, and AS 9105D, is the other vehicle. The pleadings showed that the offending vehicle has been insured by the defendant/company.

Furthermore, the averments are that, plaintiff suffered injury, which have been particularized as follows:

PARTICULARS OF INJURIES

(a) Fracture acetabulum with central dislocation of hip.

(b) Fracture left distal third tibia

(c) Laceration of the lower left hip and back of the left leg.

PARTICULARS OF DEFORMITY – disability and Incapacitation.

(a) Stiff left hip joint with restricted movement.

(b) Left leg about 4cm short as a result of central dislocation of the hip joint.

(c) Review of X-rays showed persistent central dislocation of left hip with post traumatic osteoarthritis changes.

(d) Extensive scars at the back of left leg and lower left hip.

(e) She could only walk with the help of clutches.

In addition, plaintiff averred that, she lost fish worth GH¢3,390.40, in the incident. And has lost GH¢200.00 as monthly average income from her business to date.

She also claimed GH¢874.20, as medical expenses, and particularized them with the dates and amounts that totaled GH¢874.20 as aforementioned.

The under listed are the reliefs endorsed on the writ:

(a) GH¢30,000.00 as damages for the injuries, pain and suffering.

(b) GH¢35,000.00 as damages for permanent disability and incapacitation.

(c) GH¢35,000.00 as damages for loss of amenity.

(d) GH¢3,900.40 being the value of fish which plaintiff was conveying and was destroyed.

(e) GH¢24,000.00 being loss of business profit, at the rate of GH¢200.00 per month on the average for ten (10) months.

(f) GH¢874.20 being medical expenses incurred by the plaintiff.

(g) Interest at the prevailing bank rate of 24% per annum from date of the incident to the date of final payment, on those sums liable to attract interest.

The defendant filed a Notice of Appearance on 22nd March 2011, but failed to file a defence, as a result an interlocutory judgment was entered in favour of plaintiff, and a date fixed for assessmen