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.

Advertisement

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.

Advertisement

“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
Advertisement
Click to comment
Tinubu
FEATURED4 hours ago

2027: A Coalition Of Convenience: Atiku, El-Rufai, Obi, Kwankwaso ‘Join Forces’ To Take Down Tinubu

FEATURED5 hours ago

I Don’t Know Where Natasha’ll Run To Next…But Her Actions May Make Male Politicians Shun Female Candidates –Akpabio

FEATURED7 hours ago

INEC Endorses Fubara’s Spontaneous Moves To Hold Fresh Rivers’ LG Election, Releases Updated Voters’ Register

OPINION7 hours ago

OKUAMA: ONE YEAR AFTER THE KILLINGS, BY ABRAHAM OGBODO

COMMUNITY REPORT13 hours ago

Anioma Devt: Senator Ned Nwoko’s Tireless Efforts

FEATURED21 hours ago

Oborevwori’s Stellar Performance Leaves Critics Speechless – Aniagwu

Anioma State
COMMUNITY REPORT22 hours ago

Group Hails Sen. Nwoko’s Appointment As Senate Ad-hoc C’ttee Chair On Crude Oil Theft

FEATURED1 day ago

‘Is Wike The Commander-in-Chief Of The Armed Forces? – Bode George To Tinubu, Call Your Minister To Order Now

FEATURED1 day ago

I Helped My Husband Dispatch Guns To Clients – Wife Of Delta Gun-runner Arrested By Police Confesses

FEATURED1 day ago

‘You’re Embarrassing The Senate With Distorted Narratives’ – Akpabio To Natasha

POLITICS1 day ago

2027: Omo-Agege Paves New Path For APC In Delta

COMMUNITY REPORT2 days ago

Tension Mounts Delta As Itsekiri ‘Militants’ Unleash Threats Against Benikrukru Community Over Chevron’s Judgement

COMMUNITY REPORT2 days ago

Senator Nwoko Applauded For His Commitment To Community Development

FEATURED2 days ago

DELTA APC AND LESSONS FROM UGHELLI SHOW OF SHAME, BY KENNEDY BIENOSE

Fubara
FEATURED3 days ago

Rivers Botched Budget: ‘Nothing To Worry About’ – Fubara Speaks After Assembly Speaker Snubbed Him, Locked Quarters

Advertisement
Advertisement