AKSHAY Charan has sued the Attorney General demanding payment of over K1.3 million over damage to his BMW X5 in an accident involving national planning minister Lucky Mulusa.
In a claim filed in the Lusaka High Court, Charan stated that the Attorney General was brought in this matter pursuant to section 12 of the State Proceedings Act.
The plaintiff stated that around midnight on September 9 last year, he was driving his car registration number ALP 1800 in Lusaka’s PHI area when at the time, Mulusa was driving a government vehicle Toyota Landcruiser registration number ALG 3459 that was insured by ZSIC General Insurance under GRZ/State House.
Charan stated that Mulusa drove in such a negligent manner that he caused his vehicle to violently collide with his and caused a depression on both left doors and impact on the front left fender.
He stated that Mulusa admitted liability and paid admission of guilt fees.
Charan stated further that he obtained a quotation for repair from Pilatus Engineering Company of K997,999 and further got another quotation for replacement of the car of similar age from UK at the purchase price of US $75,000.
He, however, stated that ZSIC only paid him K100,000 compensation, which was not sufficient to cover the cost of repairs or to replace the vehicle all together.
The plaintiff stated that at the time of the accident, his car was under lease purchase from FNB and he has continued to pay K7,393.86 lease charges per month until November 2, 2017.
He also submitted that he had to find alternative transport where he pays K600 per day.
Charan added that he sustained sciatica nerve injury in the same accident and had to fly to India for treatment and spent about K114,000 towards medical bills, air ticket and accommodation and had to pay lawyers for consultations over the matter.
He added that he had suffered great injury and losses due to the fact that at the time of the accident, the vehicle was under lease.
Charan now claims K897,999 due for the shortfall paid out by ZSIC against the quotation of K997,999 for repairs. In the alternative, he wants to be paid US$75,000 for a replacement of the car, K349,200 as sum for the rentals for an alternative vehicle from January 1, 2017 to July 31, 2017.
He is also claiming K114,000 as expenses towards medicals, air ticket and accommodation at a hospital in India.
Charan further demands damages for inconvenience and loss of use of the vehicle caused to him, cost and any other relief the court might deem fit.