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
Jaro Egbo
COMMUNITY REPORT55 minutes ago

Ughelli North Council Boss Suspends Uwheru PG, Chief MacPherson Igbedi

NEWS3 hours ago

Sen. Nwoko Empowers Several Constituents in Delta North with Federal Jobs

FEATURED7 hours ago

Army Troops, Civilian JTF Send 8 Terrorists to Hell in Bloody Gunfire in Borno

Heavy-Duty vehicles
FEATURED11 hours ago

85 Senators Append Signature for Anioma State Creation Aheads Public Hearing

COMMUNITY REPORT11 hours ago

Isoko North Council Boss Tasks Religious Leaders on Speaking Truth to Power

FEATURED13 hours ago

How we Operated as a “One Chance” Keke’s Robbery Gang – Kingpin Leader Told Police Investigators

ENTERTAINMENT1 day ago

Billionaire Nwoko, Regina Daniels Back AGN’s National Secretariat, App Launch

FEATURED1 day ago

EFCC Arrests 74 Alleged Internet Fraudsters with Rifle Pistol, 86 Phones, Motorcycles in Abuja

COMMUNITY REPORT1 day ago

Sen. Nwoko Pays Glowing Tribute to Dein of Agbor on His 48th Birthday

COMMUNITY REPORT2 days ago

Pomp, as Waive Leads High-powered Delegation to Pay Homage to New Udu Monarch

FEATURED2 days ago

Tantita Reveals How Foreigners Smuggle Nigerian Oil

COMMUNITY REPORT4 days ago

‘We’re Committed to Healthcare Delivery’ – Isoko North Boss as He Flags Off 2nd Phase Immunization Exercise

FEATURED4 days ago

Stolen Artifacts: Senate Intensifies Efforts on Policy Recommendations As Nwoko’s C’ttee Meet Stakeholders

FEATURED4 days ago

‘Being an Alarmist Doesn’t Fit Your Status’ – APC Chieftain Slams Gov Oborevwori’s Chief Strategist

Ganduje
FEATURED4 days ago

How Tinubu ‘Forced’ Ganduje to Resign as APC National Chairman

Advertisement
Advertisement