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
NEWS13 hours ago

Residents Demand Stricter Safety Measures After Pupil Dies In Uvwie Construction Accident

FEATURED2 days ago

Oborevwori Inaugurates Projects at Southern Delta University as 1,231 Students Graduate

FEATURED3 days ago

Senator Nwoko Mourns Delta Ex-Deputy Governor, Benjamin Elue

Anioma State
COMMUNITY REPORT3 days ago

Ramadan: Succour as Senator Ned Nwoko Distributes Rice to Anioma People in Abuja

FEATURED3 days ago

Former Delta Deputy Governor, Benjamin Elue, is Dead

COMMUNITY REPORT4 days ago

Isoko North Boss Pledges to Continue With Open-door Policy, People-centered Programs

FEATURED4 days ago

Tinube Considers State Police, Urges Senators to Amend the Constitution to Facilitate It

NEWS4 days ago

Stakeholders Unveil “Soft Nigeria” in Asaba to Promote Youth Participation in Politics

FEATURED5 days ago

How Ex-NNPC Boss Was Sentenced in US to Over 7 Years Imprisonment for $2.1m Bribe

FEATURED5 days ago

Bring Them Out, Show Them Love, Tobore Oborevwori, UK-based Nurse Urge Parents at Delta North Special Needs Outreach

COMMUNITY REPORT6 days ago

Isoko South Chairman Tasks Provost of DELSU, Oleh Campus on Institution’s Development

FEATURED6 days ago

Isoko North Boss Disbands Unauthorized Security Outfits with Immediate Effect, Directs all Former Vigilante Members to Submit Uniforms, Gadgets to Nearest Police Station

FEATURED6 days ago

EFCC Arraigns Ex-NRC MD for Alleged $385,000, ₦165.438m Money Laundering in Lagos

COMMUNITY REPORT1 week ago

Isoko North Boss, Ex-Delta SSG Macaulay Commend Peaceful Conduct of APC LGA Consensus Congress

POLITICS1 week ago

Isoko South Chairman Warri, Chief of Staff Erijo Hail Conduct of APC LGA Congress

Advertisement
Advertisement

z