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.

Advertisement

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

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.

Advertisement

“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
Advertisement
Click to comment
Spending
FEATURED5 minutes ago

SERAP Sues Govs, FCT Minister Over Failure to Account for Billions of Naira ‘Security Votes’ Spending

FEATURED3 hours ago

Inside the Kano Killings: Suspect, Family Insider, Confess to Massacre of Woman and Her Six Children

FEATURED4 hours ago

How 80 Militants Surrendered Arms for Amnesty Deal in Cross River

FEATURED5 hours ago

EFCC Begins Probe of Ex-NMDPRA MD Farouk Ahmed, Collates Data from Banks, Companies, and Swiss School

FEATURED9 hours ago

Oborevwori Sets to Flag Off Construction Of N59.7 Billion Agbor Flyover Project Jan 19

COMMUNITY REPORT13 hours ago

Oborevwori Congratulates Ovie of Idjerhe, Udurhie I on 60th Birthday, 5th Coronation Anniversaries

FEATURED24 hours ago

Tinubu’s Minister Matawalle to Marry Off His Nine Children in a Single Grand Wedding Ceremony

NEWS1 day ago

15th Police Game Sets to Hold in Asaba as LOC Inspects Sporting Facilities

FEATURES1 day ago

Delta North 2027: Senator Ned Nwoko, A Superior Argument And A Safer Aspiration

FEATURED1 day ago

Lagos Plane in Mid-Air Mishap: 248 Passengers, 12 Crew Survive Emergency Landing

Ovie of Idjerhe Kingdom
COMMUNITY REPORT1 day ago

NUJ Warri Eulogies Ovie of Idjerhe Kingdom at 60

FEATURED1 day ago

DSS Rescues Abducted Pastors, Nab 3 Arms Traffickers in Niger

FEATURES2 days ago

From Ese Oruru to Walida: Exposing Selective Outrage in Child Sexual Exploitation Cases

FEATURED2 days ago

BREAKING: Court Orders Rivers Chief Judge to Stay Clear of Impeachment Proceedings Against Fubara

COMMUNITY REPORT2 days ago

Relief as Delta Commences Construction of ₦29.8bn Aboh–Akarai Road, Okiri River Bridge in Ndokwa East

Advertisement
Advertisement

z