NAN-H-20
Elevator
By Sandra Umeh
Lagos, Oct. 16, 2017 (NAN) The National Industrial Court in Lagos on Monday awarded the sum of N10.3 million against Lagos Travel Inn over a disabling injury suffered by one of its employees, Mr Emmanuel Abah, in the course of his duties.
Counsel to Abah, Mr Daniel Onwe, had filed the suit in November 2014 on behalf of the claimant, seeking declarative reliefs that the termination of his appointment due to his condition is “wrongful and unfair.”
In an affidavit in support of the suit, Abah averred that he was offered appointment in the defendant’s security department on March 3, 2012 and absorbed into the defendant’s housekeeping department with effect from May 1, 2012.
He said the lift at the defendant’s office had become dilapidated and that on several occasions, many users had been trapped.
According to the counsel, Abah was on Nov. 13 2013, discharging his duties and was to use the elevator from the ground floor to clean the rooms upstairs.
He said as the employee stepped the floor of the lift with his cleaning materials, the lift swiftly took off in the upward direction with the doors trapping his left leg, pulling him down.
“The ankle bone was crushed leaving him with a disabling injury. After the first aid treatment at the hospital, officers of the defendant advised his family to take him to a trado-medical bone setting centre.
“The defendant made available N50,000 for transportation with a promise to defray other expenses incurred.
“He was taken to a centre at Otukpa in Benue State, where he incurred extra expenses of N286,000, and a medical bill of N40,000.”
Onwe averred that on the man’s resumption at work on July 1, 2014, he was reluctantly admitted and redeployed to the laundry section.
He said subsequently the injured employee applied to the defendant for a loan of N40,000 to enable him defray the outstanding treatment bill but his application was ignored.
The claimant contends that on July 12, 2014 (almost two weeks after resumption) he received a letter from the defendant, terminating his appointment, without any reason.
He, therefore, wants a N30 million compensation for the “disabling injury” sustained in the course of his employment with the defendant and N10 million damages for unfair dismissal and another N286, 000 being the extra cost he incurred for his treatment and feeding.
Delivering his judgement, Justice J. D. Peters held that the National Industrial Court was a court of law and also one of equity which is governed by the rule of law.
The court noted that with the damage done to the leg of the claimant, there was no market where he could purchase a new leg.
Accordingly, the judge awarded the sum of N10.3 million against the defendant as damages for the injury.
Peters also awarded interest of 20 percent on the judgment sum from date of judgment utill the said sum is fully liquidated.
He ordered that the judgment should be complied with within 30 days. (NAN)
UNS/DA
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(Editing by Dele Akinsola)