A dockyard worker who suffered a permanent disability in an occupational accident in 1993 had his compensation increased by the Court of Appeal today.

Raymond Barbara filed his action for damages against Malta Drydocks and its council members in their personal capacities. The action was later continued against the government as the successor to the dockyard.

Mr Barbara told the court he was employed as a stager slinger.

In October 1993, while he was working the night shift, the scaffolding on which he was perched collapsed and he fell a height of five storeys into the dry dock. He suffered serious injuries to his chest, stomach and spine and could not return to work.

The First Hall of the Civil Court had concluded that Mr Barbara suffered 100 per cent permanent disability and awarded him €100,997 in damages after deducting the provisional award of damages that had been made to him by the company.

Mr Barbara appealed on the grounds that the damages were insufficient, while the dockyard appealed from the entire judgment.

In their judgment Chief Justice Silvio Camilleri, Mr Justice Tonio Mallia and Mr Justice Joseph Azzopardi declared that they were sure that the first court had made a correct evaluation of the evidence and had reached the correct conclusions.

The accident had occurred when the bracket that was supporting the scaffolding on which Mr Barbara stood had torn off and this was the responsibility of the Drydocks (and later the government) as Mr Barbara's employer.

The Court of Appeal however varied the multiplier used to calculate the damages suffered by Mr Barbara. As Mr Barbara was 36-years-old at the time of the accident, the court said that the multiplier that ought to have been used was that of 20 years, being the length of time he could be expected to have carried on working had he not been injured.

The court, therefore, calculated that Mr Barbara ought to be awarded €182,400 in damages from which the sum of €39,957.50, namely the provisional damages given to him by the Drydocks, was to be deducted.

As Mr Barbara was receiving a pension of Lm30 per week until such time as he was eligible for his retirement pension, the Court of Appeal ruled that this sum, multiplied by 20 years and equivalent to €16,776 was also to be deducted from the damages award.

This brought the total awarded to Mr Barbara to €125,676.50.