CLAIM SUCCEEDS

New Zealand Herald, Volume LXXV, Issue 23155, 29 September 1938, Page 20

CLAIM SUCCEEDS

£IOOO COMPENSATION T MOTOR DRIVER'S INJURIES DRAGGED BY A CHASSIS AWARD OF THE COURT Following an accident that happened on a road at Henderson on July 6 of last year a claim for compensation was brought before the Arbitration Court, presided over by Mr. Justice o'Regan, yesterday. The claim was made by F. C. Mager, motor driver (Mr. Newbcry), against W. Knight, of Brown's Bay, (contractor (Mr. 'Addison), by whom the plaintiff had been employed for about two years. At the time o2 the accident Mager was steering a motor chassis which was being towed by a lorry driven by Knight. He claimed that his clothing had become entangled in the mechanism of the chassis, with the reBult that he was dragged for some distance and received serious injuries. He had since- been totally incapacitated. He claimed £'-'3 6s 8d weekly for the period of incapacity and such further compensation as he might be entitled to tor schedule injuries under the Workers' Compensation Act, 1922. Mr. Hore appeared for the third party, the New Zealand Insurance Company, Limited, by whom the defendant claimed to be indemnified, but who denied liability. Proof Required Mr. Addison said no agreement had been' reached. He found himself in a difficult position because was a third party concerned, and that was why he had to put plaintiff to the proof. Mr. Newbery said Mager did not know exactly what happened, as his mind became a blank until he woke tip in hospital. Even doctors on the other side admitted that he was now 70 per cent ineffective. The plaintiff, who gave his age as 24 next month, said lie had received no compensation. There was no seat in the chassis, and he sat on the benzine tank. One of the brakes was binding when they started, and "tho boss" and he adjusted it. There was no place to rest his feet, and the driving shaft was wholh exposed. Tho steering gear was pretty _ stiff. Dr. Kenneth Mackenzie said Mager had. .been brought into hospital unconscious and with evidence of serious brain injury. Paralysis developed in various parts, but had now practically disappeared, apart from double vision. Control over the muscles of the legs had been damaged, and witness considered that Mager would not now improve further. His hands had been slightly affected, and it would be impossible for him to do any such work as he had been engaged in before. Ht> could do bench work or tallying or control machines. „ Totally Incapacitated Dr. T. W. J. Johnson, called by the defence, said Mager had made a good recovery from his paralysis, considering the gravity of his injury. His general health was good, but he had Gome weakness of; the right arm and right leg. He staggered and had to use sticks and, though still improving slowly, he had a permanent degree of disability. He had about 30 per cent capacity for labouring. His Honor said the Court had come to the conclusion that the plaintiff was an "odd lot" in the labour marketand that there was no demand for such earning capacity as he had left. He would, therefore, be treated as being totally incapacitated. The defendant would be ordered to pay £3 7s 9d for 64 weeks from the time of the accident to date, making £216 I6s, £1 medical expenses, and £3 7s 9d weekly for the remainder of the period of'liabilitv until the maximum of £IOOO had been reached.-The plaintiff was also allowed £lO 10s costs, £2 2s medical expenses and £1 travelling expenses.