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A former factory worker has been awarded shillings 100 million after a steel company was found culpable of negligence.

Philip Wangala lost his right hand after it was crushed by the company’s levelling machine in the course of duty on October 14, 2013.

In a ruling dated April 11, 2024, Justice Boniface Wamala of the Civil Division of the High Court, ordered the steel company to pay Wangala the money in compensation for the injuries he sustained.

“I am satisfied that the plaintiff is entitled to compensation by way of general damages although not to the extent suggested by his advocate. I, therefore, find shillings 100 million appropriate compensation and accordingly award it to the plaintiff,” he ruled.

Wangala’s lawyer Hussein Hilal had sought for shillings 250 million in compensation.

The judge directed that the money attract an interest rate of 10% per annum from the date of judgment until full payment. He also awarded the plaintiff costs of the suit.

Wamala held the company liable for negligence, ruling that it breached its duty to provide a safe working environment to the plaintiff, thereby, leading to the injuries sustained by him.

The judge rejected the company’s evidence that the machine had first been installed on trial and it was only purchased after passing the trial stage.

The company’s witness, Singh Gurinder, told court that the accident could have been caused by the actions of the plaintiff in removing the guard while trying to repair the machine. The judge, however, said the theory was not supported by evidence.

The court heard that Wangala was 21 years old at the time of the accident and 26 years old when the case was filed in court.

“He was a young man with hope for the future which was dashed by the accident,” Wamala observed.

According to the judge, Wangala is a right-handed person and the injury makes him unable to execute any work and make ends meet.

This, according to the judge, prompted the company to declare that the plaintiff was unable to do any meaningful work and he was accordingly terminated from employment on medical grounds.

The judge also considered the fact that although Wangala underwent intense pain and suffering, the company diligently took some mitigating measures to lessen his misery including prompt payment of his terminal benefits and compensation, which also covered medical expenses.

The court also heard that the company acquired for Wangala an artificial arm.
Court documents indicate that the company employed the plaintiff as a machine helper until October 14, 2013, when his right hand was crushed by the levelling machine in the factory premises while on duty, whereby he lost three index fingers and a forearm leading to permanent incapacity.

According to court documents, the plaintiff while doing his work of feeding the levelling machine with the expanded mesh, a sharp end of the mesh got stuck in his glove, pulled his hand into the rollers, and cut off his three fingers and part of the forearm.

The plaintiff was consequently terminated by the company on medical grounds on May 4, 2016, given statutory compensation from the insurers after deducting medical expenses but the same did not cover general damages as a result of the company’s negligence and hence the court case.

At the hearing of the case, the plaintiff was represented by Hussein Hilal while the company was represented by Cyrus Baguma.