Casual employee awarded 200 million cedis compensation

Tema (Greater Accra) 10 Dec. '99

A Tema High Court has awarded 200 million cedis in general damages to Mr Michael Opoku, 24, a casual employee of Tema Steel Company Limited, now suffering profound deafness after an Indian Manager of the company had poured hot water into his ears.

According to medical reports and evidence of an Ear Specialist at Korle Bu and a Clinical Audiologist at the 37 Military Hospital, Mr Opoku now has his right hearing nerves permanently damaged.

Mr Opoku, the only child of his mother, is currently suffering from severe pains and burning sensations and cannot also stay in noisy places nor take part in group-conversation.

Mrs Justice Felicity Amoah, the Judge, also ordered Mr Selvan, the Indian Manager and Tema Steel Company, to pay 1.5 million cedis as special damages covering Mr Opoku's transport and medical bills.

It awarded five million cedis cost against the defendants.

She said the court had applied the principle of damages under the Common Law and not under the Workman's Compensation Act.

The plaintiff, represented by Mr Prosper Nyahe, a Tema Lawyer, had asked for a 600 million-cedi compensation.

Mr Opoku dozed-off while on duty on 18 December, last year and Mr Selvan, then his supervisor, fetched hot water from the rolling mill and poured it into his right ear.

The court established the fact that when production is going on, the water in the rolling mill gets hot.

Mrs Justice Amoah ruled that Mr Selvan's tortuous act, which constitutes assault and battery, caused the plaintiff's deafness.

By the totality of evidence, the plaintiff has suffered permanent damage to his right ear, the Judge said, and said she hoped that the compensation "will enable him to seek medical attention outside".

Mrs Justice Amoah said it was surprising there was no sign of repentance in Mr Selvan during the one year that this case was tried while Tema Steel Company has also not shown any interest in the plaintiff's predicament.

"The first defendant (Mr Selvan) should be told in no uncertain terms that this is not the humane way to come all the way from India to maltreat poor young Ghanaian worker's in their own country", the Judge said.

Mr Selvan had maintained throughout the trial that he only dipped his hand into the water in the rolling mill and splashed it on Mr Opoku's face and did not pour it into his ears.

Mr M. H. K. Nanevie represented the defendants. He told journalists that he would have to consult his clients on whether they intend to appeal against the judgement or not.

GRi../