The municipality of Albergaria a Velha will have to pay compensation to the relatives of a worker who drowned 14 years ago at a sewage treatment plant (WWTP) in that municipality in the Aveiro region, according to a court decision seen by Lusa on Monday.
In a preliminary assessment dated April 13, the Supreme Administrative Court (SAC) ruled “not to allow review” of the decision of the Central Administrative Court (CAC) of the North, which, like the first instance, understood that the assumptions of extra-contractual civil liability for “illegal and guilty” action by the municipality.
The accident occurred on July 29, 2009, when a worker from the municipal water supply and sewerage service, while performing a cleaning task, fell into the wastewater aeration tank of the wastewater treatment plant in Vale Mayor.
Colleagues at work unsuccessfully tried to save the 59-year-old victim, who ended up drowning in muddy waters.
The wife and daughters of the worker filed an administrative claim with the administration for compensation for moral damage caused to the deceased, and deprivation of his right to life, as well as moral and property damage to the plaintiffs in the amount of 146 thousand euros.
The Administrative and Tax Court (TAF) of Aveiro partially satisfied the claim, awarding compensation in the amount of 85,000 euros to the wife of the victim and 7,500 euros to each of the daughters.
The plaintiffs and the municipality then applied to the Northern Central Administrative Court (TCA), which upheld the relatives of the deceased and partially set aside the contested sentence, ordering the defendant to pay 76,250 euros to his wife and 13,500 euros to each of his daughters.
The ruling states that, given the location where the accident occurred, its characteristics, and the circumstances that determined it, it is important to conclude that the victim “did not contribute to the event that claimed his life”, arguing that the accident “simply occurred due to for lack of funds” to accomplish this task.
The judges also note that, despite the fact that the work of maintaining the WWTP is legally considered dangerous, the respondent municipality did not provide the means of execution and rescue for which it was responsible.
Author: Portuguese
Source: CM Jornal
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