A Masvingo man is demanding over $500 000 from King Lion Bus Company following the death of his wife in the Nyamakate bus disaster in June.Mr Isaac Madungwe was married to the late Tendai Madungwe and the couple had five children. Tendai, a nurse by profession, doubled as a cross-border trader.
She was among 43 people who died on the spot in the horrific accident involving the Lusaka-bound King Lion bus along the Harare-Chirundu Highway. Mr Madungwe has engaged Mr Charles Ndlovu of Ndlovu and Hwacha Legal Practitioners to act for the family.
He is seeking $549 974 from King Lion for loss of support for the family. In the letter dated July 13, Mr Ndlovu accused the company’s bus driver of causing the accident which claimed Madungwe’s wife.
According to the letter, the driver was negligent in that he was speeding, the bus was overloaded, failed to keep the bus under control and failed to act reasonably when the accident was imminent.
“She was aged 31 and was going to retire at the legal age of 60 years. In the premises, her working career was cut short by 29 years.” In the claim, the lawyer considered that his client’s wife was a cross-border trader realising $1 000 per month.
“It is common cause that the driver of the bus was acting within the course and scope of his employment and you are vicariously liable,” said Mr Ndlovu.
The bus driver, who also died on the spot, lost control of the vehicle at the 257km peg, near Nyamakate shops at around 10pm on the way to Zambia. The bus veered off the road before ploughing into a big tree, killing 43 people.
King Lion was given until end of last month to make the payment of $549 974, failing which legal proceedings would be instituted against the company without further notice. The ultimatum expired on Monday and King Lion is yet to respond to the demand