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
Article Banner

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
Article Banner
Continue Reading
Advertisement
Click to comment
FEATURES12 hours ago

Drug Abuse Driving Kidnapping, Insecurity, Social Decay — Muhammad Bande ‎

FEATURED13 hours ago

ADC Urges FG to Intensify Rescue Efforts for Kidnap Victims in Borno, Kwara

FEATURED15 hours ago

Physiotherapist Dies at Umahi’s Ebonyi Residence as Minister Calls for Autopsy

Defense and Security18 hours ago

‎Oriire Rescue Proves Criminals Can Be Defeated With Political Will, Says Gbenga Hashim

FEATURED18 hours ago

NAF Says Airstrikes Neutralise Scores of Terrorists, Destroy Enclave in Borno

FEATURED23 hours ago

Airport Dispute: Keyamo Demands Obi’s Apology, Payment of N25,000 Fine Within 7 Days

Defense and Security23 hours ago

How We Disrupted Terrorist Networks in Oriire and Rescued 44 Kidnapped Victims — Army

Defense and Security1 day ago

‎Peter Obi Hails Rescue of Abducted Schoolchildren, Demands Stronger Security Measures

FEATURED1 day ago

Oriire Abduction: Tinubu Commends Rescue, Pledges Justice for Victims, Fallen Teacher

FEATURED1 day ago

Emevor Assault: Isoko North Chair Backs Police Arrest, Prosecution of Community Leaders

Defense and Security1 day ago

‎Makinde Links Oyo School Abduction to Hours After 2027 Presidential Declaration

FEATURED2 days ago

Dafinone Allegedly Worked Against Ethiope State, Rooted for Anioma – Committee Claims

FEATURED2 days ago

Senator Joel-Onowakpo Thanks President Tinubu Over Assent to Federal Medical Centre Act, Oleh

FEATURED2 days ago

BREAKING: Kidnapped Oyo Pupils, Teachers Regain Freedom After 56 Days in Captivity

secure number one position
FEATURES2 days ago

4 Abducted Residents Rescued After Late-Night Shootout in Mpape

Advertisement
Advertisement

z

   


Article Banner