Justice Faustina Kola-Olalere of the National Industrial Court, Portharcourt Division, has declared that Ascot Ltd violated Mr. Iboyi Onoride’s duty of care for the 2010 accident causing permanent incapacity.
The court on Thursday, ordered Ascot Ltd, Assets Management Corporation of Nigeria (AMCON), and another party to compensate Mr. Iboyi for trauma and inconvenience, to be paid within 30 days.
The accident occurred on June 27, 2010 which led to the permanent and total incapacity of Mr Iboyi’s four fingers and part of his right palm while on duty.
Background
Mr. Iboyi Onoride asserts that, while on duty, an accident led to severe hand injuries, causing physical disability. He claims N120,000,000 as compensation for trauma, inconveniences, and total incapacity.
In their defense, the defendants argue Ascot Ltd didn’t refuse Mr. Iboyi’s return after treatment, citing company reorganization. They claim the accident resulted from Mr. Iboyi’s negligence.
Contrarily, claimant’s counsel argues insufficient training and safety equipment, blaming the company for the injury. They stress AMCON’s responsibility for Ascot Ltd’s assets and liabilities, urging the court to grant relief.
Court’s decision
In delivering judgment, Justice Faustina Kola-Olalere emphasized that Ascot Ltd breached its duty of care to Mr. Iboyi.
The court ruled that the claimant is entitled to compensation under the Workmen’s Compensation Act, holding the firm responsible for the avoidable accident.
The judge said “I hold that the claimant is entitled to compensation from the defendants under section 5 of the Workmen’s Compensation Act, 2004 jointly and severally, for the injury he suffered from the accident and for which is permanently deformed”
Consequently, The court ordered the defendants to pay Mr. Iboyi the sum of N3,382,560 being 54 months earnings, as compensation, and N30,000,000.00 as General Damages for trauma and inconvenience within 30 days.