WAIHI CLAIMS.

Auckland Star, Volume LXV, Issue 32, 7 February 1934, Page 13

WAIHI CLAIMS.

MINERS IN SHAFT ACCIDENT. IS THERE LIMIT OF £1000? 'L' (From Our Own Correspondent.) WAIHI, Tuesday. The hearing of compensation claims by miners injured in the accident in the! Waihi Company's No. 2 shaft on July 20 last, when a cage broke away and I fell some 1500 ft, was concluded in the Warden's Court to-day. The claims "before the Court for special and general damages and wages to date total £5598 18/4, and are as follows:—J. H. Gordon, 1 £2254; H. W. Butler, £ICB7 3/4; and R.! D. Hamilton, £1(550 18/4. The claims of nine of the 13 men injured were heard in November, when compensation, including costs, amounting to £2082 17/ was awarded. Only one claim, that of W. J. Taylor, yet remains to be dealt with. Taylor, who had both legs broken, is undergoing special treatment in the Auckland Hospital. Five assessors sat with the warden, Mr. F. W. Platts. S.M. Mr. P. J. O'Regan appeared for the plaintiffs and Mr. H. P. Richmond for the defendant company. At the November sitting the liability to pay damages was admitted by the defendant company, and counsel for plaintiffs admitted that the machinery was in good working order. It was alleged in the statement of claim that the accident was caused by the engine driver allowing the cage to start while the engine was declutched. In the course of legal argument it was pointed out by counsel that these actions were founded on the negligence of a fellow-servant, At common law there was no right of action for damages on account of such negligence, but in virtue of special legislation in force in this country since 1874, and now contained in section 147 of the Coal Mines Act, 1925, and section 295 of the Mining Act, 1920, the common law rule was abolished in respect of mining accidents. By section <>7 of the Workers' Compensation Act, 1922, the common law was taken away in respect of every class of accident based on a fellow-worker's negligence, but by that section the amount of damages recoverable in nonfatal cases is limited to £1000 Each of the plaintiffs in these cases had •amended his statement of claim and sought to recover an amount in excess of that sum. Mr. Richmond contended that the effect of the limitation prescribed by the Workers' Compensation Act was to cut down the amount recoverable in respect of mining accidents, and hence that the plaintiff could not recover more than £1000.

At the conclusion of the hearing it was agreed that both counsel should submit in writing argument dealing with the question of law. After hearing medical evidence, the assessors made the following awards: H. W. Butler, £1000 and costs £00 0/; It. D. Hamilton, £800 4/. In respect of J. H. Cordon's claim for £2254 Hi/8, an award of £1000 was made, subject to the result of legal argument.