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Lagos --His Lordship, Hon. Justice M. A. Namtari of the National Industrial Court of Nigeria, Sitting in Uyo, Akwa-Ibom State on Wednesday 31st October 2018 in a judgment ordered LEOPLAST INDUSTRY LIMITED (defendant) to pay SUNDAY SHOBUOLA (Claimant) the sum of N10, 000,000.00 as compensation for the loss of the Claimant’s five fingers and sum of N300, 000.00 for cost of this suit within 30 days.
On the 17th of March 2017, the Claimant sought against the Defendant among others; A DECLARATION that the injury suffered by the Claimant was occasioned during his engagement and under the immediate control and consent of the Defendant. A Declaration that the Defendant breached the duty of care on the 7th of July, 2015 by willful omission or by intentional negligent, which same resulted into the injury and permanent bodily damage suffered by the Claimant till date. Likewise, AN ORDER that the sum of -N- 100,000,000.00 (One Hundred Million Naira) be paid to the Claimant as a general and aggravated damages by the Defendant and also as a compensation to the Claimant for the extent of the injury suffered him.
The Claimant’s case is that he was employed by the Defendant, that while on duty, he had an industrial accident in which a machine he was operating cut off the five fingers on his left hand and thereby suffered permanent disability. That the malfunctioning of the machine he was operating was due to non-maintenance and defective equipment, for which he had made several complaints to the Engineers in the maintenance department and supervisor of the Defendant but they neglected to attend to same. That after several attempts by him to get the Defendant to settle him, for their negligence and intransigence, he had to file this action.
The Defendant’s case is that its machines were all functioning properly at the time of the accident and no complaints were lodged by the Claimant or anyone else to the management with respect to the functioning and operation of the machine. That all its employees and staff members contracted to work at its premises were well trained on the use of the machine and requisite protective gears were provided. It also the Defendant’s case that the injury to the Claimant occurred when in the normal course of operation of the machine, it paused in order to push out the items programmed in it, and in a haste, the Claimant rather than waiting for the machine to push out the product, put his hand in the machine in a bid to push out the product contrary to technical and safety instructions given to the Claimant.
It contended by the Defendant that another wicket of the Defendant’s preliminary legal submission is that the photograph report from Igbobi Hospital tendered by the Claimant and admitted by this Court which was generated from computer was wrongly admitted and ought to be expunged from the records of this Court because of the Claimant’s failure to comply with the provisions of Evidence Act.
The Defendant, therefore, submitted that the Claimant being a machine operator had the responsibility to ensure that the blade to the machine was properly fixed and his failure to do that which was required of him resulted in the unfortunate industrial accident.
The Claimant further submitted that in law, the owner of any machinery or vehicle is not liable in negligence for every latent defect in the machinery or vehicle which may or does not cause an injury, nevertheless the occurrence of the accident itself cast upon the defendant a duty to account for it.
The Claimant contended that he is an ordinary operator of Industrial Machine and not an Engineer who can decipher when a machine is malfunctioning. when someone is not suffering from mental delirium, that how can one possibly and deliberately put his hand in a working machine for it to be cut off? That the struggle albeit unsuccessfully to explain how the machine was working and pausing is just a confirmation of the claimant’s averments that the machine was faulty because the claimant is not an Engineer, nor a technician and that was not his first time of operating a machine.
After carefully considered all the processes filed, the evidence led and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice Mustapha Tijjani held that the Claimant has established the breach of duty of care by the defendant and further expressed thus;
“I also had the privilege of seeing the claimant’s hand while he was testifying in this case. Aside this, the Claimant’s injury which he sustained during the cause of the Defendant’s employment is not in dispute. For these reasons, I find that the claimant has established the 3rd element for the proof of negligence and I so hold
“Having carefully examined the Claimant’s witness statement on oath and his response under cross examination, I do not think there was any contradiction. The Claimant had explained that it was the Defendant’s lack of proper maintenance of the machine that led to his injury and as rightly submitted by the Claimant’s Counsel, the Claimant was only given his idea of how the incident of 07/07/2015 occurred as a layman.
“In the instant case, the Claimant’s five fingers have been lost, they have gone forever and cannot be replaced, and the Claimant has suffered a permanent incapacity and will remain so till the end of his life.” Justice Tijanni Ruled.
The court ordered defendant to pay to the Claimant the sum of N10, 000,000.00 (Ten Million Naira only) as compensation for the loss of the Claimant’s five fingers and sum of N300, 000.00 for cost of this suit within 30 days.
