Transport operator, CAG Tours (Private) LTD, has been slapped with a US$407 000 lawsuit by a Harare woman who lost her husband in a collision with one of the company’s buses last year.
Wona Macingwane, claims the money is for her upkeep and that of her daughter until she remarries.
Her father-in-law, Webster Chidzanira who was dependent upon the deceased, Tadiwanashe Chidzanira, is also an applicant in the matter which is yet to be heard before the courts.
Chidzanira died on the spot after his vehicle, a Toyota Hilux collided with a CAG Bus- Mamwena Marombo behind the wheel-at the corner of Sam Nujoma and Josiah Chinamano.
The courts convicted the CAG bus driver-Marombo-of culpable homicide and sentenced him to two years after he failed to give way at a stop sign.
Now, according to the summons, the widow claims CAG has been refusing to compensate her or any member of her family despite several attempts.
She is claiming US$91, 200 in total, US$50 000 as compensation for loss of husband, love and emotional support and US$41 200 for loss of support.
“The premature termination of her husband’s life has necessitated a claim for basic necessities such as food, transport and shelter until she remarries.
“She endured trauma, pain and suffering for the loss of life of her husband through Marombo’s negligence,” reads the summons.
CAG and the jailed driver Marombo are cited as the respondents.
“On the 8th of October 2020 Marombo negligently caused an accident between himself and the deceased at the intersection of Sam Nujoma and Josiah Chinamano.
“Marombo was driving a bus belonging to CAG, a DAF reg number AEG 4781 and was in the course and scope of his employment as he headed to Karoi with passengers on board.
“The deceased was driving a Toyota Hilux registration number AAW 9380. CAG is vicariously liable for the claim as it is its employee,” reads the summons.
Ayana’s claims amount to US$218 000 broken down as US$50 000 for loss of a guardian and US$168 000 for her upkeep (US$1 000 per month until she turns 18).
She said she is in need of the maintenance to ensure that her standard of living is not interrupted.
“She was not working as she was to complete her degree and solely relied on the deceased to take care of her and pay her tuition.
“She also requires monthly upkeep of US$500 to maintain herself to the standard that her spouse would have had this tragic accident happened,” reads the particulars of claim.
The deceased’s father, Webster’s total claim also amounts to US$87 000 being compensation for loss of a child and financial support.
He says US$37 000 is for funeral expenses incurred and US$50 000 is for loss of direct support.
The funeral expenses include US$2 095 for coffin, US$800 for the purchase of a grave at Glen Forest, US$9 600 flight charges for 6 family members.
The father has also listed claims for hired tents, firewood, food caterers, toilets, water and flowers amounting to US$1 500 that was used during the funeral.
He claims rest of the amount was used for the tombstone, towing of the damaged vehicle, moving the corpse from the scene of the accident.
The family also wants US$14 000 for the damaged car and US$1 000 for the deceased’s two damaged cellphones.
According to the summons, the deceased was a quality controller with a renowned international organisation and was on the verge of a promotion in Southern Africa.