Compensation for negligently and intentionally causing the death of another in Uganda
The quantum of damages or compensation for causing the death of another person in Uganda is left to the discretion of the judicial officer. The judicial officer must analyse all the relevant factors including the age of the deceased, the earning power of the deceased, the conduct of the defendant and contributory negligence if applicable. In cases where the earning power of the deceased is ascertainable and predictable it might be easy to estimate the quantum of damages payable but even then courts rarely examine the future earning power that the deceased might have acquired if he or she had not died. It is possible the deceased could have attained a promotion or acquired a better paying job but the principles of foreseeability and remoteness of damages limit the award to only those damages that were reasonably foreseeable. Arguing that promotions and better paying jobs were reasonably foreseeable is extending foreseeability a step too far. It is unlikely that any reasonable person intending to kill another sits and contemplates that the person will in future be promoted or obtain a better paying job.
60 times monthly net salary.
The Workers Compensation Act provides for compensation of 60 times the net salary of the employee who dies in the course of employment. It should ordinarily be the starting point for compensation of a person who has been unlawfully killed since it represents the statutory lost earnings. In Special circumstances court could award more money inform of general damages or aggravated damages where necessary. There is no reason why a person who is unlawfully killed on the road or at home or in a hospital should be treated less favourably than if he were killed in the course of employment. This approach promotes consistency and allows court to have a minimum level of compensation.
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