IN
THE INDUSTRIAL COURT OF SWAZILAND
HELD
AT MBABANE
CASE
NO. 646/06
In
the matter between:
BONGANIMOHALE
….....................................................................................APPLICANT
And
BOARD
OF TRUSTEES, RALEIGH FIT
MEMORIAL
HOSPITAL
…..........................................................................RESPONDENT
CORAM:
NKOSINATHI
NKONYANE: ACTING JUDGE
DAN
MANGO: MEMBER
GILBERT
NDZINISA: MEMBER
FOR
APPLICANT: MR. N. MTHETHWA
FOR
RESPONDENT: NO APPEARANCE
JUDGEMENT
06.03.07
[1]
This
is an unopposed application brought by the applicant against the
respondent.
[2]
In
terms of the return of service, the respondent was served on the
26th
November
2006.
[3]
No
reply was filed by the respondent.
[4]
The
applicant led evidence on oath in support of the application. His
evidence was unchallenged, as the application was not opposed.
[5]
He
told the court that he is not employed. He said he was once employed
by the respondent as an ambulance driver. On the 26th
March
2004 he was on duty driving the ambulance and was carrying members
of staff of the respondent.
[6]
He
was driving along the Manzini - Mbabane Highway. Whilst at or near
Madoda Garage a certain motor vehicle veered from its side of the
road in the opposite direction and crashed into the ambulance. He
got injured and was taken to Mbabane Government Hospital. As he had
sustained severe injuries, he was thereafter transferred to the
Republic of South Africa.
[7]
He came back and was again admitted at the Mbabane Government
Hospital. A doctor's report was prepared which showed that the
applicant had suffered hundred percent loss of earring capacity
arising from the disablement. The report is marked annexure "B".
[8]
There was no dispute that the accident was an employment accident as
provided by section 4 of the Workmen's Compensation Act No.7 of
1983.
[9]
The amount of compensation due to the applicant was calculated by
the office of the Commissioner of Labour and fixed at E113,762.34.
This amount was not disputed by the respondent.
[10]
The respondent has not however, paid this amount to the applicant.
[11]
The applicant therefore prays to the court that judgement be entered
in its favour in terms of prayers a), b) and c) of the application.
[12]
Taking into account all the evidence led by the applicant before the
court, the application being unopposed by the respondent, the court
will grant an order in terms of prayers a) and b) of the
application.
[13]
Since the application was not opposed by the respondent, the court
will not make an order for costs against the respondent.
[14]
The members agree.
NK0SINATHI
NKONYANE A.J.
INDUSTRIAL
COURT
