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
FEATURED4 minutes ago

Isoko North Boss Assures Wood Dealers of Improved Ease of Doing Business

FEATURED16 minutes ago

Shake-up in Force Headquarters as IGP Disu Deploys New CP to Delta, Bayelsa, Abia, Others

FEATURES2 hours ago

FCT Police Raid Bandits Hideout, Recover Two Galil Rifles, Ammunition in ‘Madam Forest’

ENTERTAINMENT4 hours ago

Duncan Mighty Engages in Public Brawl with PHED Officials Over Power Disconnection

secure number one position
FEATURES13 hours ago

How Cemetery Staff Were Caught Exhuming Fresh Corpse to Steal Casket in Akwa Ibom

FEATURES15 hours ago

Oyovbaire Lecture: Oborevwori Tasks Political Leaders On Democratic Values

FEATURES19 hours ago

FG Cracks Down on Attacks Against Health Workers, Warns Offenders of Prosecution

FEATURES22 hours ago

UPDATED: BREAKING: Tinubu Orders EFCC to Immediately Unfreeze Osun Accounts

FEATURES23 hours ago

Protest Rocks Abuja, Lagos as ‘Take It Back Movement’ Slams FG Over Economic Hardship

FEATURES1 day ago

PFIPC Saga: Adeyemi Rejects Closed-Door Investigation by Reps

FEATURES1 day ago

UPDATED: Police Arrest Anambra Female Native Doctor, Probe How 3 Children Died in Her Residence

FEATURED2 days ago

EFCC Explains Reasons Behind Freezing Osun State Government Account

NIGER DELTA2 days ago

CEMTV Begins Broadcasting in Port Harcourt, Boosting Media Development in Niger Delta

Defense and Security2 days ago

176 Woro Kidnapped Victims Regain Freedom After 6 Months in Captivity

Alawo chieftaincy stool
FEATURES2 days ago

UPDATED: Adeleke Heads to Court as EFCC Freezes Osun’s Allocation Days to Guber Polls

Advertisement
Advertisement

z

   


Article Banner