A Bangladeshi construction worker who suffered permanent disabilities after a 200-kilogramme metal wire struck his leg at a project site has been awarded BND105,440 in damages.
The judgment was delivered by Intermediate Court Judge Hazarena POKSJ DP Haji Hurairah in ICCS/49/2019, Ruhul Amin v Lau Choon Yung (trading as Aidas Contractor) and Others.
Ruhul Amin sustained serious injuries to his left leg in a workplace accident on January 23, 2018 while working on the Temburong Bridge Project, also known as the SHOAS Bridge.
The accident occurred while Ruhul was taking a short break at the Serasa Project site when a spiral-shaped metal wire weighing about 200 kilogrammes unexpectedly slid down and struck his left leg.
He fell and briefly lost consciousness before being assisted by co-workers and taken to RIPAS Hospital.
Medical imaging confirmed segmental fractures of the left tibia and fibula, together with a deep wound measuring about 7cm by 3cm.
He underwent intramedullary nailing of the tibia on January 24, 2018, followed by skin grafting on February 7, 2018. He was discharged on February 13, 2018 using crutches.
A subsequent medical review found limited movement in his left ankle and incomplete fracture healing. He returned to Bangladesh on March 27, 2018.
The Court found that the injuries resulted in permanent shortening of the tibia, malalignment of the fibula, muscle wasting, restricted movement of the left knee and ankle, and a permanent limp.
Ruhul is no longer fit for heavy manual labour, cannot climb ladders, squat, kneel, sit cross-legged, run or jump, and has difficulty climbing stairs and riding a motorcycle.
He also told the Court that he could no longer participate in sports including football, cricket, badminton and jogging, and that his injuries affected his ability to perform religious practices requiring kneeling and affected his family and personal life.
The medical evidence was given by Dr Ketan Chandrashekhar Pande, a consultant orthopaedic surgeon at RIPAS Hospital and visiting consultant at Jerudong Park Medical Centre.
Dr Pande concluded that Ruhul suffered permanent orthopaedic disability directly attributable to the accident.
The Defence did not dispute the nature or extent of Ruhul’s injuries, although it disputed that the injuries occurred at the particular project site.
Judgment in default had already been entered against the first and second defendants, Lau Choon Yung, trading as Aidas Contractor, and Aidas Contractor.
The assessment therefore concerned the third defendant, Daelim Industrial Co. Ltd. Judge Hazarena assessed the damages after considering the medical evidence, Ruhul’s testimony and authorities cited by both sides.
The Court awarded BND42,600 for pain and suffering arising from the orthopaedic injuries, including the fractures, permanent deformity, restricted movement, chronic pain, limp and associated disability.
A further BND7,500 was awarded for scarring and disfigurement arising from the original wound, surgery and skin grafting.
The Court awarded BND16,000 for loss of amenities, taking into account the permanent restrictions on Ruhul’s mobility, sporting and recreational activities, religious practices, independence and general enjoyment of life.
The Court did not make a separate award for the psychological and emotional effects described by Ruhul because there was no psychiatric or other expert evidence establishing a recognised psychological condition.
On future earnings, Ruhul had claimed BND111,600, based on an assumed monthly income of BND900 and a 12-year multiplier, after deducting potential earnings in Bangladesh.
The Court rejected the claim for future loss of earnings, finding that a full multiplier-and-multiplicand calculation would be too speculative.
The Judge noted that Ruhul was a foreign worker whose continued employment in Brunei was subject to contingencies including work permits, repatriation, immigration policies, labour demand and employment circumstances.
There was also no evidence from his former employer establishing that his employment would have continued until the age of 55, or that he was contractually entitled to continued employment, promotion, wage increases or renewal of his work permit.
Instead, the Court awarded BND35,000 for loss of earning capacity, finding that Ruhul had suffered a real and substantial disadvantage in the labour market.
The Court accepted that while he retained some residual earning capacity, he could no longer undertake the heavy construction and manual work for which he had previously been employed.
For special damages, the Court awarded BND1,800 for three months’ proven past loss of earnings and a further BND2,540 for medical, transport, clothing and search-related expenses.
The Court declined to award the claimed trial-related expenses, including air travel, accommodation, visa, interpreter and expert attendance costs, holding that these were litigation expenses more appropriately dealt with as costs and disbursements.
The total damages awarded were therefore BND105,440.
Interest was awarded at 3 percent per annum on the general damages from the date of the accident to judgment, and 6 percent per annum on proven past loss of earnings and other special damages from the date of the writ, or the date incurred where proved, to judgment.
Post-judgment interest was ordered at 6 percent per annum pursuant to Order 42 rule 12 until payment.
As Ruhul substantially succeeded in his claim, the Court also ordered that he receive his costs of the action, with the amount to be fixed following a separate costs hearing.