CLAIM FOR COMPENSATION.

New Zealand Herald, Volume LXIV, Issue 19736, 8 September 1927, Page 14

CLAIM FOR COMPENSATION.

SERVICE CAR ACCIDENT. [BY TELEGRAPH. —OWN CORRESPONDENT.] HAMILTON. Wednesday. A claim for compensation under the Workers' Compensation Act was preferred by Ernest William Moisley, motor-driver, Auckland (Mr. T. C. Webster), against Day's Motor Services, Ltd., Taupo (Mr. J. F. Strang), in the Hamilton Supremo Court. The claim arose out of an accident which occurred near Taupo at midnight on December 31 last, when a car, owned by the defendant company and driven hv their employee, the plaintiff, fell over a precipice and plaintiff was injured. The question before the Court was whether plaintiff, who was unsuccessful in a common law action for £IOOO damages which was heard yesterday, was entitled to compensation, and if so, in what amount. ft had been agreed by counsel that the balance of compensation payable' to the plaintiff would be the sum of £124 16s. To this amount Mr. Justice Herdman added £8 14s. being the costs which the plaintiff would have incurred in bringing an action to recover compensation. ■ The total afnount thus allowable to the plaintiff was £133 10s. On the other hand, the judge agreed that there must be deducted the costs of the unsuccessful common law action brought by plaintiff. These costs, inclusive of witnesses' expenses, which were very heavy, were assessed at £133 10s, leaving nothing duo to plaintiff.