According to the plaint, the Yuasa employees involved in the accident fled from hospital
A total of fourteen bereaved family members have dragged YUASA, a Nakawa based car bond, to the High Court accusing it of negligently causing the death of their beloved ones.
In the suit filed on 15th January, the victims' families are demanding for a total of sh45.45m spent on burial expenses of the deceased and sh17.75m for the money spent on treatment of the injured.
The grounds of the case are that on January 24, 2015, at Kibisi, Wobulenzi in Luwero District, along the Kampala-Gulu highway, 11 people perished and four others escaped with grave injuries, following a head on collision with a Toyota Prado car.
The victims were travelling to Kampala from a burial in a Toyota Hiace taxi registration Number UAL 336W and were driving behind a bus, when the Prado belonging to YUASA, heading towards Gulu, rammed into them while trying to overtake four other vehicles in front of it, using a wrong lane.
It is alleged that the vehicle reg. no. UAU 179W was being driven by Frank Amanya, an employee of Yuasa.
The deceased include, 40 year old Gregory Nsereko, Annet Nalwoga 40, Lawrence Kakinda 46, Winfred Nalule 35, Teopista Nababi 70, Oliver Nansereko 1, Sande Luzinda 72, Sarah Nakaweesa 28, Fiona Nanyonjo 45, John Mugonza 40 and Joshua Male 45.
Nsereko, Nalwoga, Kakinda, Nalule, Nababi, Nansereko and Luzinda, all members of the same family were buried on the same day, January 27, 2015, while Male who also belonged to the family, died three days after the tragedy and was buried alongside the others, in Nsambwe, Mukono District.
Nakaweesa and Nanyonjo were buried in Kikandwa in Mukono and Ssingo in Kiboga respectively, three days after the accident while Mugonza was buried in Masaka District.
Those who survived with injuries are; Harriet Nakalembe, Gorreti Namale, Patrick Kaweesi and Lawrence Sebuliba. They are also party to the case.
According to the plaint, the complainants allege that the two victims in the Prado were rushed to a medical Centre in Njovu, Wobulenzi, but escaped on the very day. The two included the driver and an unnamed Asian male passenger.
"The accident scene was reconstructed by the police and it was clear that Amanya was blatantly negligent and reckless. Therefore, he is squarely responsible for the fatal accident," reads the plaint.
The complainants include; Lawrence Ntanzi, Gertrude Naggayi, Steven Sebuliba, Gorreti Nakandi, Francis Sentongo, Maria Nakalema, Kenneth Sebbagala, Beatrice Luzinda, Mercy Nakato, Esther Nakamya, Esther Nantongo, Nakalembe, Namale and Kaweesi.
Through Wetaka, Kibirango and Co.Advocates, they argue that the accident was solely caused by Amanya's negligence who was acting in the course of his employment with YUASA. Therefore, YUASA should be held liable for the actions of its employee.
They accuse Amanya of driving recklessly and at a breakneck speed, attempting to overtake four vehicles at ago using a wrong lane, failure to obey the Highway Code and driving with no regard to other users.
The complainants claim that the loss of their family members occasioned them with immeasurable pain, anguish, emotional distress and left them with several dependents to take care of.
Nakalembe, Namale and Kaweesi claim that due to the injuries they suffered, they lost their jobs and have been rendered unfit to do any job. Ntanzi who lost four adult children in the accident said he has suffered emotional stress and anguish.
They now want the court to compel Yuasa to pay for the burial and treatment expenses including sh63m as special damages at an interest rate of 25percent from the date of the accident.
Meanwhile, criminal summons have been issued against YUASA and Amanya. They were sanction by the Deputy Registrar, Alex Ajiji.