By Bruce Asemota
The high court in Banjul, presided over by Justice Oleidi Uduma has ordered Timex Trading Company Limited to pay D2Million as compensation to one Sekhouna Jaiteh who lost three fingers during work at the company.
According to the facts of the case, the plaintiff was an employee of the company working at a soap factory when on the 12 November, 2018, whilst operating a machine, his right hand was trapped by the machine and three of his fingers were cut off.
He was helped and assisted by his colleagues who rushed him to the hospital where he was admitted for several days for medical attention.
The plaintiff in his suit, claimed that the incident happened due to the negligence of the company because the machine could not be safely or effectively used without an object being placed on it for the person feeding the machine to stand on to carry out his work.
The plaintiff further claimed that at the material time, the company placed a metal object on the machine for the purposes of a support system for employees to be able to see the inside of the machine but the said object was not firmly installed on the machine or welded on something or anything to prevent it from moving when someone stands on it.
The plaintiff disclosed that on the day of the incident, he stood on the said metal object to feed products into the machine when suddenly the supporting metal object moved and as he struggled to hold onto something to prevent him from falling down, his right hand got into the machine that cut off his fingers.
In its defence, the company argued that it never neglected its duty of care to any of its employees and that it has carried out reasonable duty of care towards the plaintiff and other employees.
However in her judgment, the trial judge disclosed that after considering the circumstances of the case, the evidence, the facts and the age of the plaintiff being a young adult who is as a result of working in a factory has been permanently incapacitated, it is fair and reasonable to grant him a compensation. .
The defendant was therefore ordered to pay the plaintiff, Sethouna Jaiteh the sum of D2,400.000.00 (Two Million, four Hundred thousand dalasis).
