An individual of Arab nationality initiated a civil lawsuit in the Dubai Courts against a bus driver, the employer of the driver located in another emirate, and the insurance provider of the bus, seeking compensation totaling 15 million dirhams for injuries sustained in a traffic accident allegedly caused by the negligence of the bus driver.
Following a thorough examination of the case, the Civil Court in Dubai ruled that the three defendants were liable to compensate the victim of the accident with the sum of 150,000 dirhams, along with the accrued interest.
The plaintiff, who suffered injuries in the accident, along with the defendant driver, his employer, and the insurance company covering the vehicle, sought substantial compensation, asserting that the bus driver, employed by an entity in a different emirate, caused severe harm due to negligence. The plaintiff presented medical evidence indicating a permanent disability of 45% in the lower limb of the left ankle, attributed to the driver's recklessness, lack of caution, and violation of traffic laws.
The plaintiff's legal submission to the Civil Court detailed a criminal case against the driver, resulting in a conviction and fine for negligence and driving under fatigue-induced conditions, which led to the accident and subsequent injury.
In response, the legal representatives of the driver's employer and the insurance company contested the lawsuit, arguing against the plaintiff's legal standing and validity of the claims, while also seeking reimbursement for legal fees.
The court addressed the employer's liability for the actions of its employee, emphasizing the principle of vicarious liability and holding the employer accountable for the driver's negligence due to the employment relationship.
Similarly, the court dismissed the insurance company's objections, emphasizing its responsibility as the insurer of the vehicle involved in the accident, and therefore liable for compensation.
Regarding the merits of the case, the court determined that the driver was indeed responsible for the accident due to negligence and driving under the influence of fatigue. It acknowledged the criminal conviction as establishing liability, thus enabling the civil court to assess damages.
Citing medical reports, the court recognized the plaintiff's physical and psychological suffering, awarding comprehensive compensation of 150,000 dirhams, plus interest, to address both material and moral damages.
The court's ruling underscored the accountability of the defendants for the harm caused by the negligent actions of the bus driver, providing just compensation for the plaintiff's losses and suffering.
