Steel company ordered to pay ex-employee for losing hand 

The High Court has ordered Steel and Tube Industries Ltd to pay a former employee more than Shs100 million as compensation for an accident that led to him losing part of his right hand.
Mr Philip Wangala sued Steel and Tube Industries Ltd seeking compensation following the accident, which occurred in October 2013.

 “I am satisfied that the plaintiff (Mr Wangala) is entitled to compensation by way of general damages although not to the extent suggested by his advocate. On the facts and circumstances of the present case, I find a sum of Shs100 million appropriate compensation by way of general damages to the plaintiff,” Justice Boniface Wamala, the presiding judge, said. 

He added: “…as such, I am satisfied on a balance of probabilities that the defendant (Steel Company) breached their duty to provide a safe working environment to the plaintiff thereby leading to the injuries sustained by him. The defendant is, therefore, liable in negligence. It thus becomes inconsequential to consider the plea of the plaintiff based on the principle of res ipsa loquitor (the principle that the mere occurrence of some types of accident is sufficient to imply negligence).” 

Issue
Justice Wamala said Mr Wangala was 21 years old at the time of the accident and being right-handed, he was unable to execute any work .
Court heard that although the company initially retained Mr Wangala after the incident, they eventually terminated him because he was unable to do any meaningful work.

Court also took note of the fact that the steel company diligently took some mitigating measures to lessen Mr Wangala’s misery, which included prompt payment of his terminal benefits and statutory compensation, which also covered medical expenses; and acquisition of an artificial arm among others.
“The plaintiff acknowledged that he was paid his terminal benefits calculated at Shs997,406 and a sum of Shs8,280,000 as statutory compensation after deduction of medical expenses amounting to Shs9,927,500,” court documents read in part.

According to Mr Wangala, the accident happened as he was feeding a leveling machine with expanded mesh. He said his glove got stuck on a sharp end of the mesh pulling his hand into the rollers, which cut off his three fingers and crushed part of the forearm.
Mr Wangala said the company was negligent and failed to implement safety measures.

However, the steel company said Mr Wangala was duly inducted and instructed on how to fulfill his role. The company said it provides a safe working environment for all persons in its employment.