Kennedy Mutinda Nzoka v Basco Product (Kenya) Limited [2013] KEELRC 740 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 740
- Citation
- [2013] KEELRC 740 (KLR)
Summary at a glance
TypeIndustrial DisputePostureClaimant seeks damages and refunds for injuries sustained in employment.CoramMATHEWS N. NDUMA
Court awards Kshs.210,000/= as general damages for the injuries sustained.
Facts
Claimant sustained injuries to his index finger on 31st January, 2008 while on duty. He filed a medical report indicating permanent disability of 2%. The Respondent denied the injury and claimed compensation under the Workmen's Compensation Act.
Issues
- Claimant's injuries and permanent disability
- Compensation under Workmen's Compensation Act vs. General Damages
Reasoning
Agreement on permanent disability of 2% to the right index finger, considering the authorities and the plaintiff's claim.
Outcome
Claimant awarded Kshs.231,418/50cts.
Orders
- Award of Kshs.210,000/= as general damages
- Refund of Kshs.2,000/= for medical report fees
- Payment in lieu of leave days for 2008 and 2009
- Remittance of NSSF contributions from 17th April, 2003 to April, 2007 within 30 days
Remedies
- General Damages
- Refund of Medical Report Fees
- Payment in lieu of Leave Days
- Remittance of NSSF Contributions
Authorities cited
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