Bus operating company BETA Tours is facing a possible multi-million dollar lawsuit to compensate Panthera Logistics (Private) Limited (PLL) for loss of its fuel tanker, a Volvo horse and fuel which were utterly destroyed in a fiery explosion following a head-on accident with the company’s Yutong bus.
PLL is demanding compensation for its fuel tanker, horse and 44 490 litres of fuel destroyed in the accident in December last year.
In a letter dated 7 February 2022, PLL representatives, Makiya and Partners Legal Practitioners argue that evidence proves that the BETA bus driver was at fault.
“The evidence surrounding the accident available to our client is that the driver of the bus failed to control the bus and encroached into the oncoming lane where our client’s horse and tanker were. This resulted in a collision. The evidence establishes that the accident was a result of gross negligence by your driver.
As a result, PLL is demanding compensation for the fuel tanker imported from South Africa at ZAR1 102 500, Volvo Horse imported from United Kingdom valued at £35 000 and MOGAS (fuel) worth USD29 051.08
Meanwhile, the transporter is also demanding another US$ 552 000, equivalent to a loss of business for 24 months.
“Our client was into running contracts for the supply of fuel with tenure that runs years. It was making four supplies per month generating a total income of USD23 000.00. This business and profit have been lost on account of the above negligence.
” Our client, will take steps to actively mitigate its loss and damage but does not anticipate that it should be able to meaningfully mitigate – in the form of it being able to replace its tanker and resume business – until after a period of at least about 12months.
” There is no guarantee that it’s replacement of these assets will automatically see it re-enter those contracts. It may be that it must start afresh to source for contracts, a process which could take its own time to yield results.
” In this regard, we estimate the minimum loss to our client to amount to about 24 months’ revenue,” reads part of the letter.
The accident which occurred at the 242km peg along Harare-Mutare highway claimed six lives.
