JUDGMENT OF THE COURT
The respondent in this appeal Joseph Mboya Oguttu was involved in an accident which took place on 19th September 1999 at about 5.00 p.m. at Kotieno junction along Oyugis – Kisii road. His motor vehicle registration number KAB 023H collided with motor vehicle registration number KAG 818L owned by Juma Construction Company Limited. He was severely injured and his vehicle was extensively damaged. He filed Civil Case No. 25 of 2001 in the High Court at Kisii against Juma Construction Company Limited and in a judgment dated and delivered on 3rd December 2002, the respondent was awarded Ksh.1,098,354/= as damages for pain and suffering and loss of amenities together with special damages and cost of future operations. He was also awarded costs of the case and interest on general damages from the date of judgment and on special damages from the date of filing of the suit at Court rates. The defendant in that suit, Juma Construction Company Limited, did not appeal against …