Industrial Accident: National Industrial Court Orders Axxon Energy To Pay Former Staff N15m

The National Industrial Court sitting in Awka, Anambra State, has directed an energy company, Axxon Energy Limited, to pay a sum to the tune of N15 million as compensation to one of its former workers, Happy Uche.

The court presided over by Justice (Dr.) J. I. Targema arrived at the decision while delivering judgment in a suit instituted by the former manager, whose left leg was amputated as a result of the accident he had while working with the firm.

It would be recalled that Uche had dragged Axxon Energy Limited and its Managing Director, Victor Akan before the court in a suit designated NICN/ASB/10/2019 after the leg was amputated.

Uche through his lawyer, Emokiniovo Dafe-Akpedeye, (SAN), had asked the court for the following reliefs: “A declaration that the defendants were vicariously liable for the negligence of the driver of the vehicle which led to the accident that cost the claimant his left lower limb.

“An order directing the defendants to pay the sum of ₦5, 785, 650 (Five Million, Seven Hundred and Eighty-Five Thousand Six Hundred and Fifty Naira) as his accrued emoluments, allowances, and gratuity.

“An order directing the defendants to pay to the claimant the sum of ₦100 million as compensation for the permanent deformity of the claimant caused by the accident. And the cost of ₦2 million for the filing of this action.”

While the trial lasted on the matter, the claimant had argued that he was an employee of Axxon Energy Limited from February 14, 2011, until March 31, 2019, when he was forced to resign as a result of the treatment meted out to him by the firm’s management.

According to Uche, while in employment at the firm, he was sometimes deployed to its subsidiary firm, VMART Company Limited, as a Joint Analysing Method (JAM) Unit Operator during Casing and Tubular Running services in its onshore oil rigs. 

He added that on June 21, 2013, he was mobilised with a crew of seven other personnel of the firm for a Casing and Tubular running job in one of the land rigs at Okpia, Kwale, Delta State. 

Uche posited that surprisingly, one Prosper Adagbowa, one of the Company’s official mechanics was assigned to drive the crew bus, and all inquiry as to the where about of the company’s official driver fell on deaf ears; that unfortunately, barely two hours into the journey, the driver lost control of the bus which resulted in a fatal accident that left one of the personnel dead, and others, including the claimant, severely injured; that due to the severity of the accident and injuries, the claimant’s left leg was amputated.

The claimant maintained that on March 4, 2019, after eight years of meritorious service to the firm, he tendered his notice of resignation from his current position as Head of Department Asset (Management level); and that after all the promises of proper settlement made to him by the defendants, the firm only offered to pay ₦2 million, as compensation for his life deforming injury and terminal benefit, an offer which he rejected.

He also told the court that despite his rejection of the offer, the defendants proceeded to transfer the N2 million to his account and that he was not been compensated for his deformity, and neither has he been sufficiently paid his accrued benefits having served the defendants for 8 years.

In their defence, the defendants, Axxon Energy Limited and Victor S. Akan through their lawyer, Gregory Gboloji Okolo, urged the court to decline the applicant’s requests for being statute bar.

The defendants in their statement of defence stated that while the claimant went for an outstation work at Okpia kwale in Delta State, the vehicle conveying him and seven others on June 21, 2013, had a fatal accident which left one person dead, and others, including the claimant, severely injured which resulted to the amputation of the claimant’s one leg. 

The defendants equally argued that they had ensured that after the accident, the claimant was well taken care of in one of the best hospitals in Warri (Lilly Clinic); bought a car for him, procure prosthesis and other sundry materials for his proper care and well-being, and in all, he was retained and promoted to a Management staff.

The defendants also added that Uche worked for more than five years after the accident and resigned voluntarily from the firm on March 4, 2019. 

But in his judgment, Justice Targema held that “There is no taking away the fact that the claimant has his amputated lower left limb to live with and be reminded of the accident for life. For this, and just this, I award the sum of ₦15 Million as damages to the claimant against the defendants.

“On the whole, the claimant’s case succeeds in part and only in terms of the following declaration and order:

“It is hereby declared that the defendants are vicariously liable for the negligence of their employee who caused the accident that led to the fatal injury suffered by the claimant, thereby leading to the amputation of his lower left limb.

“The defendants shall pay to the claimant the sum of ₦5 million, only as damages for negligence for the loss of the lower left limb of the claimant while on the way in defendants’ vehicle for Casing and Tubular running operation at Okpia, Kwale, Delta State, Nigeria.

“The said ₦15 Million shall be paid within 30 days of this judgment, failing which it shall attract interest at 10 percent per annum. Judgment is entered accordingly.”

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