[Compensation Claim] Industrial Court Dismisses Suit Against Seven-Up In Its Entirety

The Presiding Judge, Kaduna Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has
dismissed the case filed by Mr. Shedrach Daniel against Seven-Up
Bottling Company ltd on compensation claim for alleged permanent
disability in its entirety for lacking in merit.

Justice 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.

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
Sinmisola 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.”

The Presiding Judge, Kaduna Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has
dismissed the case filed by Mr. Shedrach Daniel against Seven-Up
Bottling Company ltd on compensation claim for alleged permanent
disability in its entirety for lacking in merit.

Justice 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.

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
Sinmisola 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.”