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PATRICIA OPPONG
V.
MAERSK LINE TEMA

(2012) JELR 68391 (HC)

High Court 15 Nov 2012 Ghana
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- The Plaintiff, the wife of the deceased John Clement, an employee of the Defendant Company, claimed that she was underpaid in her husband's workmen's compensation following his death in a motor accident. - The Defendant Company had paid G

Case Details

Suit Number:SUIT NO. TRIL/3/2011
Judges:KWABENA ASUMAN-ADU
Counsel:MR. AHUMAH OCANSEY FOR THE PLAINTIFF; MR. GEORGE THOMPSON FOR THE DEFENDANT.

JUDGMENT

ASUMAN-ADU, J.

The Plaintiff was the wife of one John Clement (deceased) who until his death was an employee of the Defendant Company. In the course of his duty as a driver of the Defendant Company he died in a motor accident on 29th November, 2004. On his death the Defendant paid out GH¢16,407.77 on 28th August, 2007 to dependants of the deceased, including the Plaintiff herein, as workmen’s compensation.

The Plaintiff herein was informed by some ex-union members that the sum due her was her husband’s earnings times 60 as stated in the Workmen’s Compensation Law, 1987 (PNDCL 187). Plaintiff as a result engaged Counsel who intervened by writing to the Defendant on the issue.

Upon Counsel’s intervention, the Defendant paid additional amount of GH¢8,904.43 on 6th January, 2009 to the Plaintiff. However, using the deceased’s November, 2004 salary statement of GH¢453.87, Plaintiff computed the compensation due her per section 3(1) (a) of the Workmen’s Compensation Act, 1987, (PNDCL 1…

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