EDWARD AHENKORAH (PLAINTIFF) vs. INDUSTRIAL & GENERAL INSURANCE OR NETWORK ASSURANCE COMPANY (DEFENDANT) [2012]DLHC7457

EDWARD AHENKORAH (PLAINTIFF) vs. INDUSTRIAL & GENERAL INSURANCE OR NETWORK ASSUR... [2012]DLHC7457

Date	2012-02-14
Suit No.	SUIT NO. BC. 532/2011
Citation No.	[2012]DLHC7457

HIS LORDSHIP MR. KWASI DAPAA J.

[2012]DLHC7457
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													<main id="main" class="content" style="min-height: 60rem" >EDWARD AHENKORAH<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>INDUSTRIAL &amp; GENERAL INSURANCE OR NETWORK ASSURANCE COMPANY<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SUIT NO. BC. 532/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:
14TH FEBRUARY, 2012<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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LORDSHIP MR. KWASI DAPAA J.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
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</div>The
basis of the Plaintiff's claims in this action against the Defendant are summed
up in paragraphs 3, 4 &amp; 5 of his statement of claim filed with the writ of
summons on the 29th September, 2011 as follows: <o:p></o:p>"3. By a policy of Insurance, certificate No. WAZ
405/000, 1995 and policy No. CV2/3H/45-633/2004 renewed to expire on 3rd
September, 2008 issued to one Issac Obeng Kwakye (now deceased), the Defendant
in consideration of the premium then paid to them, agreed to indemnify the said
Isaac Obeng Kwakye (now deceased against) (inter alia) all sums which the said
Isaac Obeng Kwakye (now deceased should become liable to pay in respect of any
claim by any person, including passengers caused by, through or in connection
with the use of a Vannette Mini bus No GT 1556N, the property of the said Isaac
Obeng Kwakye (now deceased) and in addition the costs payable in connection
with such claim when incurred with the consent of the Defendant. <o:p></o:p>4. On or about 18th day of April, 2008 during the
currency of the said policy the Plaintiff was riding as a passenger in a
Hyundai Mighty Trade motor vehicle No GT 4601 W on the Nkwakwa/Afosu motor road
near the village of Boatenagya in the Eastern Region of the Republic of Ghana
when the Defendant's insured Vannette Mini Bus No GT 1656 N negligently driven
by the said Isaac Obeng Kwakye (now deceased) drove into the lane of the said
Hyundai Mighty Trade motor vehicle and hit the said vehicle and as a result
Plaintiff received serious injuries and suffered multiple hypertrophic scar,
limping fait, painfull swollen right thigh, bleeding from the left and general
bodily pains. <o:p></o:p>5. The Plaintiff has presented all documents needed by
the defendant insurance company including Medical Report for necessary action
but the debt has not evinced any inclination to settle but instead tossed
Plaintiff about" <o:p></o:p>The
Plaintiff upon those averments issued the instant action against the defendant
for reliefs endorsed as follows: <o:p></o:p>"1. Recovery of the sum of Gh¢10,000.00 (Ten
thousand Ghana cedis) being the amount claimed to compensate for the injury,
incapacitation, loss of further earnings, pain and suffering incurred by the
Plaintiff. <o:p></o:p>2. General damages <o:p></o:p>3. Costs of suit" <o:p></o:p>The
Plaintiff conducted a search at the Registry of the court on the 25-10-11 which
revealed that the writ of summons was served on the defendant on the 4-10-11
but the defendant had failed to enter an appearance nor file a statement of
defence to the action. His counsel therefore moved the court ex-parte on the
8-11-11 for leave to enter an interlocutory judgment against the defendant for
the said reliefs in default of appearance. This court granted the application
and adjourned proceedings for the Plaintiff to lead evidence to prove the
damages. A hearing notice was served on the defendant but it failed to attend
the trial on the 13-01-2012 when evidence was heard from the plaintiff. He said
he was a 50 year old Tailor with 6 apprentices under him on the 18-04-2008 when
he suffered the accident and its resultant injuries pains and losses. He said
he was earning on the average the sum of GH¢28.00 per day amounting to
GH¢784.00 per month and GH¢9,408.00 per year from his work, and contended that
he could have continued to earn that income for the next 10 years amount to
GH¢94,080.00 but for the accident that had caused him a 25% permanent
incapacity and disabled him upon medical advice to stop the tailoring job. He
tendered in evidence as EXHIBIT 'A' a Final Medical Report issued on him by the
Komfo Anokye Teaching Hospital, Kumasi, which confirmed his said pleadings and
evidence with regards to his initial attention received from the Holy Family
Hospital at Nkawkaw and referral to Komfo Anokye Teaching Hospital on the
19-04-2008 with the pleaded conditions, where he was admitted and treated for 3
weeks. He also tendered as EXHIBIT 'B' a set of 8 official Receipts issued from
Hawa Memorial Saviour Hospital, Osiem, Eastern Region for miscellaneous
expenses totalling GH¢1,740.00 which he incurred as direct result of the
injuries he sustained from the accident and concluded thus: <o:p></o:p>"I want the court to grant me the amount lost and
the expenses incurred as a result of the accident. <o:p></o:p>The
pleadings and also the evidence were not contested or challenged and therefore
stood as a truth of the facts stated. See TAKORADI FLOUR MILLS V. SAMIR FARIS
(2005-2006) SC GLR 882 @ 890. <o:p></o:p>The
primary issue raised as upon the pleadings and the evidence is then question as
to whether the Plaintiff has made out a case against the defendant. In other
words the question may be asked whether the Plaintiff was entitled to enforce
the insurance policy agreement made between the defendant insurer and the said
late Isaac Obeng Kwakye (deceased) as the insured against the defendant. <o:p></o:p>