Zesa to pay $50k damages

Fidelis Munyoro Chief Court Reporter
Zesa must pay a Banket woman $51 000 after she lost her arm to live low-hanging loose wires. Ms Nyasha Koroka came into contact with the low hanging, high-voltage wire while crossing a Zesa line in Banket six years ago. She was severely injured and an arm had to be amputated, resulting in permanent disability and limb pain. Zimbabwe Electricity Transmission and Distribution Company accepted its liability, but was opposed to the amount claimed by Ms Koroka and so the matter had to go to court to fix the sum of compensation.

She wanted $7 000 for pain and suffering, $15 000 for loss of amenities of life and disfigurement, $11 910 for future medical expenses and $20 000 for loss of past and future earnings.

The High Court gave her almost everything she asked for, fixing total compensation at $51 000 plus interest. In her ruling, Justice Edith Mushore was alive to the difficulties that Koroka, a widow, had endured while seeking recompense. She noted that the woman has three daughters and was now permanently disabled.

“As their mother, she is responsible for their well-being both physical and mental,” she said. “She has to endure watching their lives being affected by her inability to function properly as a mother.

“She suffers the humiliation of having to be bathed and clothed by her children. She is depressed, as are her children.” The judge also noted that Koroka’s prospects for a marriage and escaping the life of sole breadwinner had been severely dimin- ished.

“She will need a great deal of courage to continue looking after her children and providing for them and making up to them for all the time that has been taken from their young lives whilst they have been parenting her,” said Justice Mushore.

“Because she is solely responsible for her family, an award under this head of $15 000 is justified and hopefully it will be of some assistance in aiding her to seek psychological counselling for her and her children.”

The judge was also satisfied with Koroka’s claim, which illustrated the nature and extent of her future medical expenses and loss of income. “I am also satisfied that these amounts are reasonable,” she said.

“The plaintiff will require a prosthetic limb, which is estimated to cost $6 500. She will have to undergo cataract surgery at some point in the future which will cost $2 050 per eye.

In addition, she requires $ 1 310 for her chronic pain treatment. I deem the plaintiff to be entitled to an award of the sums so stated.” Koroka was electrocuted after she handled sagging electric wire when she was crossing the Zesa line in Banket in January 2010.

She was rushed to Chinhoyi Hospital after she sustained high voltage electrical burns and subsequently referred to Parirenyatwa Hospital. ZETDC was arguing that the damages sought were unrealistic. Maunga, Maanda and Associates acted for Koroka while Baera and Company represented ZETDC in the suit.

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