CO-OPERATIVE INSURANCE COMPANY LTD V. DAVID WACHIRA WAMBUGU

JUDGMENT OF THE COURT

By a plaint dated 4^th October, 2005 and filed in the superior court on 17^th October, 2005, the respondent (plaintiff in the superior court) claimed compensation from the appellant pursuant to a contract of insurance entered into by and between the parties on 8^th April, 2002. According to the Personal Accident Policy (the policy) issued by the appellant to the respondent, the appellant agreed to make certain payments in the event of death, bodily injury or disability of the respondent arising from any accident stipulated in the policy. Briefly, the maximum amount payable for death was agreed at Kshs.5 million, for permanent total disability Kshs.5 million, and for temporary total disability Kshs.500,000/=. According to the plaint, on 11^th November, 2003 the respondent was accosted by a gang of armed robbers who robbed him, and assaulted him in the process. They inserted a pistol in his mouth, as a result of which he lost one upper tooth, and the entire set of his l…