Losing a loved one through a fatal accident is undoubtedly a painful ordeal for the family and friends. The emotional and financial burden can take a toll on the victim's kin.
Some of the common fatal accidents in the country are recorded on the road. Recent data from the National Transport and Safety Authority (NTSA) painted a grim picture of increased road accidents in the country.
According to NTSA, deaths recorded between January and December 13, 2022, shot up to 4,432 from 4,271 in the same period in 2021.
Some of the common causes of such fatal accidents included reckless and drunk driving, as well as the use of unroadworthy vehicles was another factor.
In the wake of all these accidents, the Fatal Accident Act in the Constitution offers guidelines for compensation for the victim's family.
As per the act, the victim's family should be compensated for the pain and suffering and the loss of kin.
According to the Fatal Accidents Act, compensation is payable to the wife, husband, son, or daughter of the victim.
The compensation for loss of expectation of life is approximately Ksh100,000, while for pain and suffering, the compensation ranges between Ksh10,000 to Ksh100,000.
In cases where the victim was in pain or critical condition before death, the fee may be increased to compensate for the prolonged pain before the death.
"To assess damages under this head, it is necessary to determine the deceased’s income, the dependency ratio of his dependants and the multiplier to be used. The deceased’s income is calculated per year which is called the multiplicand. The multiplier is the number of years the deceased was expected to work until retirement," read the Act in parts.
While assessing the damages caused, the court shall not take into account any sum paid on the death of the deceased under any contract or insurance, whether made before or after the passing of the Act.
Also, the court shall not take into account, any widow's or orphan's pension or allowance payable or any sum payable under any contributory pension or other schemes.
In some cases, funeral expenses may be awarded by way of damages.
