Engineering company ordered to pay N10m in damages for technician’s death

• Obinweugo’s dependents sought N50 million in damages, claiming the company neglected to provide necessary safety equipment
• The court found Mak & Mak Limited liable for negligence and ordered the compensation to support Obinweugo’s widow, children, and aged mother
  

  ---

Justice Adedayo Oyebanji of the Lagos State High Court has ruled in favor of the dependents of Charles Obinweugo, a technician who tragically lost his life while working on the premises of Mak & Mak Limited. The court awarded the sum of N10 million in general damages to support Obinweugo’s widow, children, and aged mother.

The incident occurred on March 7, 2018, when Obinweugo fell from a 40 feet high crane while repairing a Benut 500 piling crane machine at the company’s premises. He suffered severe head injuries from the fall, leading to cardiopulmonary arrest, which ultimately resulted in his death.

Obinweugo’s dependents filed a lawsuit (No. LD/ADR/2108/2018) seeking N50 million in general damages. Their counsel, Chijioke Emeka (SAN), argued that the company had a duty of care to provide the necessary safety equipment to the deceased and ensure that he was fully equipped before commencing repairs on the machine.

The claimants experienced significant psychological trauma and loss due to the untimely death of the family’s breadwinner, leaving behind a widow, three young children, an aged mother, and other dependents.

On the other hand, the defendant’s counsel, Chibuzor Aguocha, refuted the claims of negligence, asserting that Obinweugo’s death was a result of his own negligence for ascending the crane without proper safety gear.

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.