Simba Clothing Factory Ltd & Another V Bakshish Kaur Virdee  EKLR
|Civil Appeal 28 of 1976||19 Nov 1976|
Justin Saulo Musoke, Cecil Henry Ethelwood Miller, Samuel William Wako Wambuzi
Court of Appeal at Nairobi
Simba Clothing Factory Ltd & Satish Jivras Shah v Bakshish Kaur Virdee
Simba Clothing Factory Ltd & another v Bakshish Kaur Virdee  eKLR
Simba Clothing Factory Ltd & another v Bakshish Kaur Virdee
Court of Appeal for East Africa, Nairobi 19th November 1976
Wambuzi P, Musoke Ag V-P & Miller J
Damages – loss of dependency – inflation – effect of inflation on award
The deceased, aged fifty years, was killed in a car crash in 1972. The respondent, his widow, was awarded damages in 1975 by the trial judge for herself and for the benefit of her five children. The judge assessed the dependency at three-quarters of the deceased’s earnings of £1100 per annum. To this figure he applied a multiplier of eight, yielding a total of £6600. He then added £700 to this figure to take account of the loss in the value of money and the upheaval in the pattern of living of people in the country; but he did not specify the period to which the £700 related, nor how he had arrived at that figure. On the question whether such a figure was properly included in the award of damages,
That the effect of adding £700 to the quantum of damages was to put the respondent into a better position financially than she would have been had the deceased lived and it should therefore be disallowed. Per curiam. If the Court were considering damages awarded in a case for injuries sustained some years previously, inflationary trends might justify a higher award.
Zarina Akbarali Shariff v Noshir Pirosesha Sethna  EA 239, EACA.
Bakshish Kaur Virdee, the respondent and the widow of Kentar Singh Virdee who was killed in a motor accident, was awarded damages in the High Court (Madan J) on 25th August 1975 (Civil Case No 1855 of 1973) against Simba Clothing Factory Ltd and Satish Jivras Shah, who appealed to the Court of Appeal for East Africa (Civil Appeal No 28 of 1976). The respondent cross-appealed against the award of damages. The facts are stated in the judgment of Wambuzi P.
M da Gama Rose (instructed by Shapley, Bareet & Co) for the Appellants.
SC Gautama and L Gitao (instructed by GS Vohra) for the Respondent.