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…Learned counsel for the Appellant submitted that the assessment of damages was wholly unwarranted, excessive and not supported by the medical evidence adduced.…

…Counsel contended that the learned magistrate relied on medical evidence tendered by the Respondent’s doctor which indicated that the injuries sustained by the Respondent amounted to grievous harm with a permanent incapacity…

…It is on the basis of that medical evidence that the respondent urges this court not to interfere with the decision of the learned Honorable magistrate.…

…This court has taken the liberty to reevaluate the medical evidence tendered before the lower court to ascertain whether the court properly applied its mind to the medical evidence presented by the appellant.…

…Moreover, the medical evidence called by both parties substantially agreed on the injuries. 14.…

…The case was consequently tried by both parties on the common understanding that the respondent sought compensation for the injuries appearing in the medical evidence. 25.…

…The Respondent, on her part, supported the award and submited that it was judicially reasoned, supported by uncontroverted medical evidence and in line with comparable precedents for femur fractures with permanent incapacity…

…It was the Respondent’s case that the medical evidence was not rebutted by the Appellant. Reference was made to the following comparable awards: - a) Jackson Mbulaka Mwangangi vs.…

…Significantly, the appellant did not tender any contrary medical evidence to challenge either the nature or the extent of those injuries.…

…evidence without justifiable cause. 13.…

…evidence.…

…A clinical officer, being authorized under the Clinical Officers Act is an authorized person who can render medical services, and further can give medical evidence under section 77 of the Evidence Act.…

…The law is settled that future medical expenses, though awarded as part of general damages, must be specifically pleaded and proved by cogent medical evidence.…

…It is sufficient if there is credible medical evidence demonstrating that future treatment will probably be required and the likely cost thereof.…

…The trial court erred in awarding Kshs. 454,000/- for future removal of metal implants despite medical evidence and the Respondent’s own testimony confirming that the implants had already been removed. IV.…

…The Respondent further submitted that the award of Kshs. 454,000/= for future medical expenses was properly granted based on medical evidence and that the Appellants’ counterclaim was rightly dismissed for failure to prove…

…It is not clear to me why the appellants would urge this Court to treat the injury suffered by the Respondent as a soft tissue injury where as there is medical evidence that it was grievous harm.…

…To attempt to degrade the injuries without support of medical evidence is an attempt to challenge the evidence by an expert without a contrary opinion of another expert.…

…As a result of the accident, the Respondent sustained the following injuries as pleaded in the Amended Plaint and supported by the medical evidence on record: a.…

…In making this assessment, the Court must have regard to the nature and extent of the injuries, the medical evidence on record, the residual effects of the injuries, and the current trends in comparable awards, adjusted for…

…Medical evidence shows that the Respondent suffered long-term pain, spinal deformity, difficulty in bending and lifting, and permanent disability (8%–35%) depending on the doctor’s assessment.…

…He confirmed the disability assessment of 8% as supported by the medical evidence and submitted that the multiplier approach used by the trial court being (17 years × Kshs. 65,292 net income × 12) was proper. 26.…

…THAT the learned trial magistrate erred in law and fact in failing to resolve the conflicting medical evidence and by so doing made an inappropriate award.…

…It is therefore important to consider the respective medical evidence produced by each party so that the court may decide who of the two sides proved its case on a balance of probabilities.…

…The court found that the medical evidence proved penetration, and that the same was by the appellant.…

…The appellant alleges that the medical evidence was imsy, yet he has not demonstrated how that was so. Both PW1 and himself were examined by PW2, within hours of the occurrence of the events.…

…It was contended that the Respondent proved the injuries sustained through medical evidence, treatment records and the P3 Form, and that the Appellant did not tender any contrary medical evidence to challenge the nature or…

…The Appellant did not tender any contrary medical evidence challenging either the nature or extent of those injuries. 18. I have also considered the medical evidence that was produced before the trial court.…

…evidence. 28.…

…The medical evidence on record shows that the Respondent sustained blunt abdominal trauma with gut perforation.…

…evidence, failed to appreciate the seriousness of the injuries sustained, disregarded comparable authorities, and consequently arrived at a manifestly low award.…

…The respondents, on the other hand, maintain that the learned magistrate properly exercised his discretion, considered the medical evidence on record, and arrived at an award that was consistent with the nature of the injuries…

…There was no medical evidence of permanent disability. 17.…

…There was no assessed permanent incapacity, although the medical evidence indicated the possibility of future pregnancy and delivery complications.…

…The medical evidence shows that the Respondent was treated on 07th November 2022 at Christamarianne Mission Hospital.…

…The medical evidence demonstrated significant bodily injury requiring prolonged treatment.…

…The medical evidence demonstrates that the Appellant suffered significant head trauma. Loss of consciousness, a subdural haematoma and brain contusion are indicative of intracranial injury.…

…The decisive question is whether the award is supported by the injuries, the medical evidence and comparable decisions. 48.…