Wednesday , September 26 2018

Contracting company ordered to pay kin of deceased Egyptian KD 50,000

Court orders 2 firms to pay value of contract to company

KUWAIT CITY, April 30: The Court of First Instance obligated a major contracting company to pay compensations worth KD 50,000 to the family of an Egyptian expatriate for the emotional and material harms they sustained due to his death which resulted from the company’s negligence in providing him with safety equipment for carrying out his work.

Lawyer Hassan Al-Ajmi filed the lawsuit on behalf of the victim’s family. Prior to that, the Public Prosecution had charged the administrative employees of the company of unintentional death of the worker in a sixmeter deep manhole. Lawyer Al-Ajmi explained that the company did not carry out necessary examination of the manhole to ensure it did not contain any poisonous gases. It did not provide him with necessary safety equipment such as special suit, mask, shoes, helmet and oxygen cylinder. Hence, the victim died of suffocation while he was working at the project site of Jaber Al-Ahmed City.

Meanwhile, the Commercial Circuit of the Court of First Instance obligated a major trading company and an international trading company to pay to a general trading and contracting company an amount of KD 72,000 which is the value of a contract for building a security fence for a governmental project.

Lawyer Yousef Hussain filed the lawsuit on behalf of the general trading and contracting company, explained that his client had completed the work based on the terms and conditions stated in the signed contract but the other companies did not meet their financial obligations towards his client despite several friendly attempts by his client in this regard.

Armed with a report issued by the assigned expert to prove the work carried out by the plaintiff met the terms and conditions of the contract, Lawyer Hussain urged the court to obligate the two companies to pay the value of the contract, ie KD 72,000, as well as seven percent interest.

In the meantime, the Court of Appeals dismissed an appeal filed by former Ministry of Health Undersecretary Dr Waleed Al-Falah against the President of Kuwait Medical Association Dr Hussein Al-Khabbaz demanding temporary compensation of KD 5,001.

He accused Al-Khabbaz of misusing the right of litigation by filing series of lawsuits to quash a decision issued by the Ministry of Health in 2011 to terminate his service. The court affirmed that everybody has the right to file lawsuits unless it is established that the person took the action out of annoyance and malice against the defendant.

It also agreed that lawsuit filed against the president was not based on annoyance and malice, because the plaintiff only exercised his inalienable legal and constitutional right to fight for his professional rights. Dr Hussein said he confirmed to the court that the Ministry of Health was in the habit of filing criminal petitions and civil cases against the association whenever it exposed violations committed by officials or the rate of corruption in the ministry. He said the ministry has lost a huge sum due to lack of administrative and legal backings for their cases, while they only use the authority for vengeance.

 

By Jaber Al-Hamoud Al-Seyassah Staff

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