Justice Adedayo Oyebanji of the Lagos State High Court has awarded the sum of N10m in general damages against an engineering company, Mak & Mak Limited, over the negligent death of a technician, Charles Obinweugo, while working on its premises.
The sum was awarded to support Obinweugo’s widow, children, and aged mother.
Obinweugo fell from a 40 feet high crane and died on March 7, 2018, after the defendant ( Mak & Mak Limited) had engaged him to repair a Benut 500 piling crane machine at the company’s premises. The medical report indicated that he died of cardiopulmonary arrest as a result of a severe head injury sustained from the fall.
Obinweugo’s dependents had filed suit No. LD/ADR/2108/2018, claiming N50m in general damages.
Counsel for the claimants, Chijioke Emeka (SAN), contended that the company owed a duty of care to provide the deceased with the required safety kit and also ensure that he was fully kitted before going up on the machine to effect repairs.
It was argued that the claimants had suffered psychological trauma and unmitigated loss as a result of the death of the breadwinner of the family who left behind a widow, three young children, an aged mother, and other dependents.
The defendant’s counsel, Chibuzor Aguocha, denied that the defendant was negligent, arguing that Obinweugo died due to his negligence, having gone up the crane without kits.
Justice Oyebanji, in her judgment, said,” The defendant breached its duty of care to the deceased, although he was contributorily negligent for not using the kits.”
The court therefore awarded Obinweugo’s widow, children, and aged mother N10m in general damages; post-judgment interest of 10 per cent per annum until full liquidation of the judgment sum; and N500, 000 as costs of the suit in their favour.
