Nine surviving spouses of people killed in a 2017 bus crash in Zimbabwe have filed a $2.2 million compensation lawsuit against the bus company and its insurers.
In their combined declaration, the victims’ relatives claimed the late bus driver, Jimson Ruzvidzo, drove negligently and that his driving caused the crash.
The accident happened on June 17, 2017, along the Harare-Chirundu Highway. 43 people died in the crash.
“The late Jimson Ruzvidzo drove the bus in a negligent manner in that he continued to drive the bus while the wheel was under-inflated. He even continued to drive the bus when the wheel had failed, causing the wheel to be extensively damaged,” the application read.
“He ought to have realised that the wheel was under-inflated. Even worse, he ought to have realised that the wheel had failed. He also overloaded the bus. The bus had a carrying capacity of 65 passengers, but it had 90 passengers some of whom were standing and sitting in the passage and steps at the doorway.”
The plaintiffs further said on the day in question, the bus was speeding, causing the driver to fail to negotiate a curve.
Both the bus operator and the insurance company are yet to enter appearances to defend.
“He failed to keep the bus under proper control or to stop it when the accident seemed imminent. The deceased persons were breadwinners of the surviving spouses and their children,” they said.
“The plaintiffs (surviving spouses) claim compensation in the form of delictual or edictal damages from the defendants (King Lion and NicozDiamond). The first defendant (King Lion) is being sued in its capacity as the employee of the late Ruzvidzo and it is vicariously liable for the negligence of its employee, who was in the course of his duties when he was involved in this accident.
“The second defendant (NicozDiamond) is the insurer of the first defendant and is liable in terms of statutes to compensate dependants of the deceased passengers. All the plaintiffs claim for compensation in the form of delictual or edictal damages for themselves and their minor children from both the defendants jointly and severally one paying the other to be absolved.
