Guardian

CRESEADA International Limited, a Lagos-based multipurpose company has indicated readiness to settle out of court with Compact e-Scheduler Ltd, whose vehicles were involved in a headlong collision. Gap in communication seemed to have marred this peaceful negotiation in the past.

The parties have expressed their desires to negotiate and settle amicably, though they had earlier held each other responsible for failure or discontinuation of the negotiation process.

The collision, involving a heavy haulage truck, belonging to Creseada and a red mini crew bus (Ford E-350) with registration number, BV 545 AAA, belonging to e-Scheduler at Akure in Ondo State left the occupants of the crew bus with varying degree of injuries.

It was gathered that the bus driver, Ibrahim Sunday and three other occupants of the vehicle, Matunmi Salau, Adenyi Shodipo, and Adetunji Adeleye, sustained fractures of varying degrees.

According to the Managing Director/Chief Executive Officer (CEO), Compact e-Scheduler Ltd, Abiodun Aleja, the accident occurred when his crewmembers were traveling to Kogi State to record TV commercials. He explained that the Creseada haulage vehicle ran into them from the other side of the road and smashed their vehicle, damaging the equipments.

He stated that the driver of the truck, who thought the occupants were dead, disappeared and returned with Police to recover his truck but men of the Federal Road Safety Corps (FRSC) intervened, and both vehicles were towed to the FRSC’s office in Akure, where they were detained, until Creseada got release of its own.

He stated: “I got a call that my crewmembers were involved in a serious accident. I shelved all that I was doing and headed for Akure. Upon my arrival, I saw them in critical conditions, coupled with the fact that sympathisers were making effort to take them to traditional bonesetters for lack of competent personnel at the hospital; I arranged and brought them back to Lagos in two ambulances.

“We came back and had a meeting with the Creseada’s Managing Director, Mr. Mike Ahinde, who suggested that their lawyers should meet over the matter for an amicable settlement. In their letters, they claimed that they were open for negotiation.”

E-Scheduler, through its legal adviser, is making a demand of N44, 810, 000, being the cost of damaged equipments and the vehicle; N1, 500, 000 being the cost of initial treatment and welfare of the four victims of the accident; loss of earnings caused by the loss of equipment from June 2 till date, amounting to N31, 140, 000 and N10, 000, 000 compensation for each of the four victims.

In a police report made available to The Guardian, it was indicated that the driver accepted he was responsible for the accident.

BUT the managing director of Creseada International Limited, Mr. Mike Ahinde in his reaction said Creseada was not responsible for the breach of the proposed settlement out of court and as such, not interested in the litigation, adding that he offered to assist in offseting the hospital bills of the victims out of his magnanimity.

On the issue of which driver was at fault, he said, “It’s not in our position to determine which driver was at fault, because we weren’t there when the incident took place. There were eight other drivers that went to Akure, but he was the only one that had an accident. Whether my driver confessed to FRSC or Police that he was at fault, I’m not aware of that.”

He narrates: “When I heard the news, it was originally said that the four occupants of the bus were dead and that prompted me to send two managers to Akure to determine the true information and determine the level of accident. But they got there and discovered that there was no fatality, rather the occupants were seriously injured.

“We were told that arrangement was being made to bring them to Lagos and we monitored their arrival. On their arrival, we deployed our general manager to visit them at the hospital to express our sympathy and also commiserate with the victims.

“I offered to meet with the MD of the opposing company, who said he would be coming to see us. On the first appointed date, he couldn’t make it and we rescheduled the meeting. This time, he came with his lawyer. Meanwhile, I got a clue from my GM that he was coming with his lawyer, so, I arranged for my lawyer as well as my insurance company to be part of the meeting.

“When they arrived, I commiserated with them on the incident and I demanded to know how I could assist in offsetting the hospital bills, unknown to us that they had tabulated their claims, which the lawyer threw at us, amounting to N53 million, including N1.5 medical bill.

“I saw some figures which are considered to be claims on the rental of equipment and I told them that we asked for the first step to assist them and not the other way round. The claim wasn’t signed and no insurance can entertain such.

“Then I asked the two lawyers to meet and moderate the claim to be acceptable to the insurance after which we can meet again but they said there was no need to meet again, instructing us to send their claim to our insurance campany.

“In fact, what I wanted to do was to determine the cost of medicals and give them certain amount of money which has nothing to do with the claim to cushion the effect of the cost, then, we can now look at the claim thereafer. Also, it would have been easier for us if they had insurance; the two insurance companies would have talked on their own.

“But they do not have any insurance and that is why we resorted to doing this today. There are procedures to make claim. If they had provided the medical bill, the insurance company would have paid the bills once another medical doctor endorsed it. These were taken away from us and we never had an opportunity to look at it.

“I moved to recover my vehicle, when I discovered that issue related to customers had come into place, which we did on N20 million bonds. Initially, we left the vehicle there so that it wouldn’t appear we are more interested in the vehicle rather than the lives of the young men involved.

“As soon as we drove out of the place, their lawyer called my lawyer at the gate, meaning that an FRSC official called him to alert him. On getting to the police, they said it would have been good for the other party to be around before we collected our vehicle. But I told them that if the driver of the vehicle was released on bail, why won’t the vehicle be released on bond?

“Since then, there was no other action taken in that regards. The victims have been discharged from the hospital and E-Scheduler paid their bills. All our letters to them indicate that we wanted to settle out of court and still want to do so.”