Lilongwe-based Joab Fuwa has been awarded MK2,200,000 as damages in a personal injury case he pursued against Mike Chiwanda and Prime Insurance Company Limited.

It was heard in Court that on 9 May 2020, Mike Chiwanda was driving a Toyota Dyna Lorry from Bypass Six Miles police roadblock in Lilongwe, heading towards Mitundu along the Bunda/Mitundu road. Upon arrival at Guzani bus stage, he hit Joab Fuwa, who was cycling in the same direction.

Following the accident, Chiwanda ran away, leaving Fuwa without any help whatsoever. Chiwanda was later caught by the police who charged him with a traffic offence since their investigations revealed that the accident was influenced by his careless overtaking.

Fuwa commenced legal proceedings with assistance from Legal Aid Bureau and was represented in Court throughout the years by Principal Legal Aid Advocate Janet Mkomera Kamoto and Senior Legal Aid Advocate Maziko Nyirenda with assistance from Legal Aid Officer Sharon-Rose Somba and Assistant Legal Aid Officer Atusaghe Mushani.

In Court, he was claiming damages for pain and suffering, damages for the loss of amenities of life, costs for obtaining police and medical reports, and costs for the action.

A statement Fuwa made explained that the lorry hit him from behind and he became unconscious due to the impact of the accident. When he regained consciousness, he was told that the driver sped off the moment the incident occurred. At the scene, his bicycle was totaled, and his MK43,000 was stolen along with his shoes and other personal belongings.

A Good Samaritan took him to Mitundu Community Hospital where it was found that he suffered a fresh cut wound about 10cm wide and about half a centimeter deep on his scalp. He also suffered bruises on the body with some mild bleeding.

At the hospital, he was having difficulties in breathing and talking. The head injuries he sustained further caused him to have hallucinations which adversely affected his work life.

The motor vehicle Chiwanda was driving was insured by Prime Insurance Company Limited and the defendants admitted liability. The insurance company therefore undertook to pay MK2,200,000 which Fuwa was demanding. The payment has since been made.