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Hon. Justice Yakubu Hassan of the Ibadan Judicial Division of the National Industrial Court has dismissed the suit filed by One Cosmos against Uberness Nigeria for lack of evidence.
Justice Hassan held that Cosmos failed to prove his claims for medical treatment, severance allowance and payment of compensation for injuries sustained at work as required by law against Uberness Nigeria.
From facts, the Claimant, Cosmos, had submitted that he was employed as a Senior Machine Operator and had injuries while carrying out duties at the factory.
Mr. Cosmos further alleged that following the accident, he was taken to different hospitals for treatment but was later abandoned by the firm without adequate medical care, thereby leaving him to continue suffering from the injuries sustained in the course of his employment.
Consequently, Cosmos instituted the action seeking orders directing Uberness Nigeria to pay for his medical treatment, severance allowance in the sum of N168k, pay compensation of N5m for injuries sustained in the course of duty, N5m as damages for trauma suffered, and pay the cost of the action.
In defence, Uberness Nigeria denied abandoning Cosmos's averment and maintained that it consistently paid for his medical treatment and continued paying his monthly salary despite the accident.
The Company further averred that all medical expenses incurred by Cosmos at the hospitals where he received treatment were fully paid by the firm and that Cosmos remained in its employment without resignation or termination.
The Company also argued that the claim for severance allowance was unfounded since Cosmos was still its employee, while the claim for compensation lacked legal basis under the Employees’ Compensation Act.
In a well-considered judgment after evaluating the pleadings, evidence and submissions of counsel, Hon. Justice Yakubu Hassan stated that the burden of proof lies on a claimant who seeks reliefs from the Court and that such reliefs must be established by credible and admissible evidence.
The Court held that although there was evidence that Cosmos sustained injuries in an accident, Cosmos failed to prove that Uberness Nigeria abandoned or neglected him without medical treatment as alleged.
Justice Hassan found that Cosmos admitted during cross-examination that Uberness Nigeria paid his medical bills in the hospitals where he received treatment and also continued paying his monthly salary.
The Court further held that Cosmos failed to tender any medical bills, receipts or other credible evidence showing outstanding treatment expenses allegedly neglected by Uberness Nigeria.
The Court also held that Cosmos failed to establish any legal or contractual basis for his claim of N168k as severance allowance, particularly as he admitted that he remained an employee of Uberness Nigeria and had neither resigned nor had his employment terminated.
Justice Hassan further held that the claim for compensation under the Employees’ Compensation Act was wrongly directed against Uberness Nigeria, stating that compensation under the Act is payable through the Employees’ Compensation Fund managed by the Nigeria Social Insurance Trust Fund Management Board and not directly by the employer.
The Court stated that Cosmos neither proved the basis of the compensation claimed nor demonstrated how the sum of N5m sought as compensation was arrived at.
The Court consequently held that having failed to prove the substantive reliefs relating to medical treatment, severance allowance and compensation, the claims for damages and cost of action could not succeed.
Justice Hassan therefore dismissed the case of Cosmos against Uberness Nigeria in its entirety for lack of evidence and made no order as to costs.
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