PISC goes after firm for costs over careless driver

Wed, 05 Jul 2017 12:38:54 +0000

BY CHINTU MALAMBO

PROFESSIONAL Insurance Corporation Zambia Limited has dragged Lilume Quarry Zambia Limited to court for failure to reimburse K60,839 being costs for repair of a vehicle damaged by their employee.

The plaintiff charged that it issued a motor  insurance cover to INNSCOR DISTRIBUTION ZAMBIA LIMTED whose vehicle was involved in a road accident caused by the dangerous driving of the defendant.

In a writ of summons filed in the Lusaka High Court Principal Registry, it was indicated that the road traffic accident occurred at the junction of Yotam Muleya road into Arrakan Barrack and that the driver of the vehicle that caused that accident was an employee of the defendant.

“The car that caused the accident was being driven by Bisenga Khozi, an employee, servant or agent of the defendant.

“According to the police report issued in relation to the road traffic accident, the accident was caused by the careless driving of the Bisenga Khozi, an employee of the defendant,” part of the document read.

The plaintiff charged that the defendant’s driver was held liable and charged for careless driving and paid an admission of guilt in that regard. Allegations before the court were that the plaintiff repaired its insured vehicle which was badly damaged, at a cost of K60, 839.

Claims are that, by virtue of the accident being caused by the careless driving of the defendant’s driver, the defendant is vicariously liable to reimburse the cost of replacement of its insured’s motor vehicle and that the defendants has failed, refused and neglected to pay the said costs to the plaintiff.

“Despite several requests and reminders by the plaintiff for reimbursement of the replacement costs as aforesaid, the defendant has failed, refused, ignored and neglected to pay the said costs to the plaintiff,” the document read,

In this regard, the plaintiff now claims interest on the sum paid, costs and any other relief that the court may deem fit.