A Dubai court has mandated a taxi driver and his employer to jointly compensate a man with Dh2 million after he sustained a permanent disability in a taxi-related incident.
Incident Overview
The Dubai Civil Court of First Instance issued the ruling following a lawsuit filed by the victim, who initially sought Dh35 million. The incident occurred when the man hailed a taxi late at night. While attempting to communicate with the driver, the vehicle accelerated unexpectedly, causing the victim to fall and suffer severe injuries.
Extent of Injuries and Disability
The injuries were extensive, including a skull fracture, partial skull bone loss, facial disfigurement, and the loss of smell and taste senses. Additionally, the victim experiences recurrent epileptic seizures. A forensic report determined a 55% permanent disability, significantly impairing his daily life and employment prospects.
Criminal and Civil Proceedings
The driver faced criminal charges, including endangering the victim’s safety, resulting in a three-month prison term followed by deportation. The court found the driver negligent in his duties, a verdict that was later upheld as final.
In the civil case, the taxi company contested its liability, claiming the driver was no longer under its sponsorship. They also attempted to involve the insurance company, arguing the statute of limitations and contributory negligence on the part of the victim. The court dismissed these defenses, emphasizing that liability is determined by the employment relationship during the incident.
Legal Interpretations and Judgments
The court clarified that compensation claims related to criminal acts remain valid until the criminal case is resolved. It highlighted the driver’s culpability and the connection between his actions and the victim’s injuries, leaving the civil court to decide on compensation.
While the court acknowledged the victim’s partial role in the incident, it held both the driver and the taxi company accountable. Under Civil Transactions Law, compensation was adjusted considering the victim’s contributory negligence.
Compensation Details
The court ordered a joint compensation of Dh2 million for both material and emotional damages, with a 5% legal interest rate from the judgment’s finalization until full payment. The taxi company’s claim against the insurance provider was deemed inadmissible due to procedural non-compliance, specifically the lack of referral to the appropriate dispute resolution committee.
This ruling underscores the court’s commitment to addressing negligence and ensuring compensation for victims of workplace-related incidents.
