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| National |
| Court awards Dimon employee K2.4 million |
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by
Mc Donald Chapalapata, 04 October 2004
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13:45:38
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The High Court in Blantyre has awarded an employee of a tobacco handling company, Dimon Malawi Limited a sum of K2.4 million for pecuniary loss and salary income after a factory accident.
Justice George Chimasula Phiri awarded the money after George Malola, who was working as a production and threshing supervisor until his injury in August 2001, accused Dimon of negligence and failing to take reasonable care of him when he was injured.
Malola’s lawyer Kalekeni Kaphale argued before the court that Dimon Malawi was negligent when it permitted an unqualified person to drive a forklift which carried heavy cartons of tobacco onto a high stack.
Malola was injured after two heavy cartons of packed tobacco weighing about 214 kilogrammes fell on him, leaving him with a very big cut in the head.
Malola told the court that he is still in pain, suffers headaches and memory loss, weakness of the right side limbs and other side effects of the accident.
However, lawyer for Dimon Malawi, Mtchuka George Mwale, denied that his clients were negligent or in breach of statutory duty and said the accident happened in circumstances over which the company could not, notwithstanding the exercise of all reasonable case and skill, have exercised any control.
The court heard that since 2001, when the accident happened, Malola has not been reporting for duties and the company continued paying his salary and at one point Dimon suggested that they should retire him.
Although Dimon increased Malola’s salary, friends who were on the same grade had their salaries increased more than Malola’s, the court heard.
In his judgement, Chimasula Phiri said Dimon was negligent and breached its statutory duty by failing to provide a safe and well-organised work place.
“The defendants are trying to contend that they are not negligent. The fact that cartons fell down and injured the plaintiff who was doing his normal duties indicate that there was negligence on the defendants’ part as the cartons were not in the plaintiff’s management and control but were under defendant’s care, management and control,” said Chimasula Phiri.
The judge also said Dimon cannot be heard to say that they could not have prevented the accident, saying their own accident report pointed at factors that caused the accident and that after the accident, they have been able to modify the work place.
Chimasula Phiri also noted that Malola has not been promoted since the accident and added that he is most likely to be laid off as he is unproductive.
“I, therefore, award the plaintiff a round figure of K2 million for pecuniary loss and salary income,” said Chimasula Phiri.
He also awarded Malola K400,000 for the case of pain and suffering and loss of amenities.
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