<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify"> This is an appeal from the judgment and decree of the superior court (OleKeiwua J.) delivered on 20th July, 1995 in civil suit No.211 of 1994.</p><p class="ql-align-justify">On or about 11th January, 1986, the respondent Raymond Buurim&#x27; Rimberia&#x27;s wife Jennifer (the deceased) was travelling as a passenger in amatatu registration No. KRY 56 belonging to Salessio Majau (the insured). The vehicle was involved in an accident whereby the deceased sustained fatal injuries.</p><p class="ql-align-justify">The respondent sued the insured under the Law Reform Act and the Fatal Accidents Act on behalf of the estate of the deceased and on behalf of himself and her 7 children for special and general damages in the superior court&#x27;s Civil Case No. 1136 of 1987 (the accident suit).At the time of that accident the insured&#x27;s said vehicle was insured in accordance with S.4 of the Insurance (Motor Vehicles) Third Party Risks Act (Cap.405) (the Act) with the appellant in respect of death of, or bodily injury to, any person caused by or arising ou…</p>