Mr. Osman Alhassan, owner of the truck which collided with a Metro Mass bus on February 17, at Kintampo in the Brong Ahafo Region, has filed a suit at an Accra High Court against the Metro Mass Transit Company Limited for causing damages to his truck.
The suit signed on March 2, stated that the truck with registration number AS 1544-16 was damaged beyond repairs destroying all 144 cartons of tomatoes and other goods.
It said the defendant is vicariously liable for the negligent conduct of its driver, who died along with about 61 other persons.
It said the plaintiff bought the truck and redesigned it at a total cost of GH¢313,177.00 and was left with a balance of GH¢50,000.00 to be paid to the owner one Kwabena Owusu Ansah, hence the truck was still in his name.
The plaintiff has also indicated that the day of the incident was the fourth week of operation of the truck, which earned him a weekly income of GH¢9,500.00.
It said “the defendant’s driver, now deceased, was travelling on excessive speed and beyond the speed limit imposed by law and failed to slow down while negotiating a sharp curve”.
“The defendant’s vehicle without due care and attention entered into the lane of the plaintiff’s vehicle in an attempt to overtake a vehicle ahead of it. While still on top speed it collided head-on into the plaintiff’s truck, resulting in the damage of the truck, the loss of the cargo it was carrying and the loss of lives and serious injury to one of the driver-mates,” it said.
According to the suit, the conduct of the defendant’s driver has caused the plaintiff a monumental loss, which the defendant was liable for and as such was claiming general damages for the negligent driving of the defendant’s employee resulting in the plaintiff incurring losses.
The damages include recovery of an amount of GH¢313,177.00 representing the total cost of the truck, interest on the said amount from February 17 to date of final payment and recovery of the cedi equivalent of the amount of CFA15,000 and GH¢2,500 which were cash sums lost as a result of the accident.
The plaintiff was also claiming damages of weekly income on GH¢9,500.00 representing lost income from February 17 to date of final payment, interest on the said amount from February 17 to date of final payment, cost involving legal fees, and any other reliefs.