Connect with us

BUSINESS

Court Dismisses Compensation Suit Of Man Who Allegedly Suffered Disability While Working In Seven-Up

Published

on

The National Industrial Court, has dismissed a compensation suit for alleged permanent disability brought before it by one Shedrach Daniel against Seven-Up Bottling Company Limited in its entirety for lacking in merit.

The court presided over by Hon. Justice Sinmisola Adeniyi held that Daniel’s has placed no credible evidence before the Court to establish that he indeed suffered disability at the material time, and also failed to establish conclusively any act of the breach of duty of care.

From facts, the claimant’s – Mr. Shedrach Daniel had submitted that in 2015, while in the employment of the firm he had an accident and sustained injuries that he was rushed to a private hospital for the treatment which he settled the medical bill personally and alleged further that due to the injury sustained from the accident he lost the use of his right hand and amenities of life, sought for the sum of N3,000,000.00 (Three Million Naira) for the trauma, loss of amenities and permanent disability suffered.

The Claimant alleged that his appointment was subsequently terminated by the firm for being redundant due to the loss of his right hand.

In defence, the firm contended that there was no formal report by the Claimant of the accident and/or injury sustained and that the said accident and/or injury did not occur in the official duties that the Claimant had the duty to officially report the accident that the Claimant ought to have obtained medical treatment at the hospital retained by the company.

Ogrih: Court Adjourns Case Against 2 Delta Journalists Over ‘Unpreparedness’ Of Claimant

Advertisement

The firm counsel Valentin Ajibo Esq asked for determination whether from the totality of evidence led and the circumstances of the case if the Claimant has proved his case and is entitled to the relief sought.

Delivering the Judgment, the presiding Judge, Hon. Justice Adeniyi held that Daniel’s failed to categorically or precisely state how the firm breached the duty of care or the manner in which the conduct of the firm was careless which consequently occasioned the damage or loss suffered by him.

“My finding in this regard is therefore that the Claimant failed to establish the material point, by cogent evidence, as to the particular manner and circumstances by which the Defendant purportedly breached the duty of care, other than merely stating that he had an accident and was treated in a hospital.

“I have examined the said Medical Report, Even though the Claimant claimed he was incapacitated by the accident, there is nothing in the document that states as such. The undated document is a mere result of an examination purportedly conducted on the Claimant and the treatment administered on him.

“On a final note, therefore, my conclusion and judgment is that the Claimant’s case, in its entirety, is feeble, lacked in merit and substance. It shall be and it is hereby accordingly dismissed.”

Advertisement
Continue Reading
Advertisement
Click to comment
FEATURED42 minutes ago

How Ngige Awarded NSITF Contract to Company that Didn’t Participate in Bidding Process – EFCC’s Witness

FEATURED8 hours ago

Oborevwori Charges DELSU Governing Council to Make Institution a Centre of Academic Excellence

FEATURED8 hours ago

Gov. Oborevwori Swears in Six Judges, Warns Against Erosion of Public Trust in Judiciary

FEATURED8 hours ago

Emefiele Naira Trial: Court Plays Videos Showing How Nigerians Suffered as EFCC Investigator Details Full-Scale Probe into Currency Printing Saga

FEATURED13 hours ago

11 Suspects Arrested as Delta Police Launch Manhunt for Cultists

FEATURED14 hours ago

Houses, Vehicles, Laptops Seized, Six Arrested in Nigeria Police Crackdown on ₦7.7Bn Telecom Fraud

COMMUNITY REPORT14 hours ago

‘My Responsibility is to Work’ – Isoko North Chairman as He Inspects Council Magt Staff Residential Quarters

FEATURED18 hours ago

NUPRC Guarantees Open, Merit-Driven Process for Nigeria’s 50 Oil Blocks Bid Round

COMMUNITY REPORT1 day ago

Sen. Nwoko Facilities CMD’s Youths, Women, Communities Empowerment Schemes in Delta North

FEATURED1 day ago

IHRO Sets to Replace Ambassadors for Organization’s Global Role, Expansion

FEATURED1 day ago

Oborevwori Condoles Super Eagles Captain, Wilfred Ndidi on Father’s Death

FEATURED1 day ago

Alleged N2.2bn Fraud: EFCC Arraigns Former National Coordinator of NEDC

FEATURED2 days ago

President Erdogan Announces $50bn Trade Volume Target With Nigeria

FEATURED2 days ago

President Tinubu Considers Anioma State as the Only New State in Nigeria’s South-East

FEATURED2 days ago

Nigerian Army Rescues 11 Victims After 92 Days in Kidnappers’ Dens, Foils Terrorist Escape

Advertisement
Advertisement

z