Damages award reduced on appeal

The Court of Appeal has confirmed a judgment delivered by the First Hall of the Civil Court in terms of which Malta Shipbuilding Company Ltd was found to be responsible for the damages sustained by one of its employees, Robert Camilleri, in an accident on July 20, 1995.

The appellate court however reduced the damages awarded to Camilleri.

The court, composed of Chief Justice Vincent Degaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti, delivered its judgment following an appeal filed by Malta Shipbuilding Co. Ltd.

The company was liquidated and the government continued with the appeal on the company's behalf.

In its judgment the court noted that Camilleri had been found by the First Hall of the Civil Court to have sustained a permanent disability as a result of the 1995 accident. The first court had condemned Malta Shipbuilding to pay Camilleri Lm26,000 damages.

Malta Shipbuilding claimed on appeal that the first court had incorrectly evaluated the facts of the case as well as the principles governing liquidation of damages.

However, the Court of Appeal found that the company was responsible for the accident as a result of which Camilleri had sustained his disability.

However, the court upheld the company's appeal on the liquidation of the damages effected by the first court.

In its judgment the appellate court recalculated the damages awarded by the First Hall of the Civil Court and declared that Malta Shipbuilding Co Ltd, as substituted by the government, was to pay Camilleri Lm20,340.80.