The Fast Track High Court in Accra has suspended the execution of a GH¢4.4 million judgement against an Indian company which was found liable for negligence, leading to a 21-year-old employee losing his 10 fingers.
However, the suspension will only take effect if the company is able to pay half of the amount into the court's coffers by March 26, 2016.
It is also expected to pay an additional GH¢100,000, being cost awarded Julius Sylvester Bortey Alabi, the victim, who had the accident in June 2014.
The company, B5 Plus Company Limited, and two of its directors appealed against the court's decision and filed for stay of execution pending the outcome of the appeal.
But per the court’s latest ruling, the appellants are bound to pay GH¢2.2 million and GH¢100,000 cost before they can proceed with the appeal.
The judgement
On October 28, 2015, the court ordered the appellants to pay GH¢4,417,600, plus an additional $30,000, to the victim to be used to fit prosthetic fingers.
Cost of GH¢100,000 was also awarded in favour of the plaintiff, who lost all his 10 fingers as a result of what the court noted was the employer’s failure to provide him with protective clothing to work with.
The court, presided over by Mr Justice Bright Mensah, ordered that the damages should be put in an investment account or invested in treasury bills on behalf of the victim after the lawyers had successfully justified why the victim deserved compensation.
Joined to the suit were Mr Dee Jay and another whose name was given only as Pareesh, both directors of the company.
Background
Alabi was 18 and had completed junior high school when he was engaged by the appellants as a casual worker on a monthly salary of GH¢130.
His engagement commenced on June 4, 2012 but he was involved in the serious accident less than a week into his employment.
Per his schedule of work, Alabi was assigned to count and write down the quantity of roofing sheets produced in the company’s factory.
However, on that day, he was directed by his employers to pull out a roofing sheet stuck in a machine. While he was in the process of doing that, Dee Jay pressed a red button which reversed the operation of the machine.
As a result of that action, the machine rather pulled Alabi’s hands, causing him severe injury.
He was hospitalised for three months at the Korle Bu Teaching Hospital.
After being discharged from the hospital, his employers neglected him and a law firm, Lithur, Brew and Company later filed a writ of summons in May 2014 against the defendants.
It emerged in court that Pareesh was Alabi’s supervisor, while Dee Jay was the operator of the roller machine that severed Alabi’s fingers.
Degree of incapacitation
Alabi, per the court’s records, cannot button his shirt and iron his clothes himself unless someone does them for him. He can only eat with a spoon.
His uncle has been responsible for his upkeep with the engagement of a caregiver who charges GH¢200 a month.
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