Industrial Court orders Transportation Company to pay Driver’s Medical Expenses, awards Damages for permanent disfigurement
Hon. Justice Ikechi Nweneka of the National Industrial Court, Lagos Division, has ordered Young Shall Grow Motors to pay Mr. Emeka over ₦12 million as compensation for injuries and medical expenses incurred in a motor accident while he was working as a driver for the company.
In a judgment delivered on the case, the court awarded ₦7,048,822.98 to Mr. Emeka for medical bills, ₦4.5 million as compensation for permanent injury, and ₦750,000 as the cost of litigation.
Justice Nweneka ruled that the injuries sustained by Mr. Emeka—who now suffers permanent partial disfigurement and can no longer effectively use his left leg—entitled him to fair and adequate compensation. The court considered the severity of the injury, inflation, and Mr. Emeka’s inability to work again.
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Mr. Emeka had testified that he worked for Young Shall Grow Motors without a formal employment letter and was paid per trip. He recounted that the accident occurred on a route from Enugu to Lagos due to brake failure while descending a hill, leaving his left leg shattered. As of January 2020, his medical bills had risen to ₦13 million.
The transport company, however, denied that Mr. Emeka was its employee, claiming it only engaged drivers on a trip-by-trip payment basis. It also argued that the police had blamed Mr. Emeka for the accident and insisted there was no legal obligation to compensate him.
But Mr. Emeka’s counsel, O. Nwachukwu Esq., argued that the company failed to defend itself meaningfully in court and that Mr. Emeka’s unchallenged testimony should stand.
In her ruling, Justice Nweneka established that there was indeed an employment relationship, stating that receiving payment per trip does not negate employment. The court held that since the company provided the vehicle, controlled Mr. Emeka’s duties, and prohibited him from delegating tasks, he could not be classified as an independent contractor.
Citing Section 91(1) of the Labour Act and the principle of the primacy of facts, the court emphasized that Young Shall Grow Motors had clear obligations to its workers. The judge also noted the company’s failure to register Mr. Emeka with the Nigeria Social Insurance Trust Fund (NSITF) or maintain group accident insurance.
The court concluded that Young Shall Grow Motors was fully liable for Mr. Emeka’s medical expenses and permanent injury, describing the company’s abandonment of him after the accident as unjust.
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