A Dubai civil court has ordered a taxi driver and his employer to jointly pay AED 2 million in compensation to a man left with permanent disabilities after a reckless incident. The driver deliberately accelerated the vehicle, forcing the victim to let go, which resulted in him falling and sustaining severe injuries leading to a long-term disability assessed at 55% across his bodily functions.
Incident Details
The case arose when the victim filed a lawsuit seeking AED 35 million in damages. He recounted that late one night, he hailed a taxi intending to return home, but the driver refused to take him. While attempting to communicate with the driver at the front window, the taxi suddenly sped off, causing him to fall onto the road and suffer extensive injuries.
Severity of Injuries
The accident resulted in the victim sustaining a skull fracture, a loss of part of his skull, facial disfigurement, and the loss of his senses of smell and taste. Additionally, he experienced recurrent seizures. A forensic report confirmed that he had suffered permanent disabilities, which rendered him unable to pursue a normal life or gain employment, alongside enduring ongoing physical and psychological pain.
Criminal Proceedings
The public prosecution subsequently charged the driver with bodily harm, leading to a criminal conviction that resulted in a three-month prison sentence, followed by deportation from the country. The definitive ruling on the criminal aspect prompted the victim to pursue civil compensation.
Defence Arguments
During the civil trial, the taxi company attempted to dismiss the case against them, claiming that the driver’s employment had ended and he was no longer under their jurisdiction. They also requested that the insurance company be included to cover any awarded sums. In response, the insurance firm argued that the claim had lapsed due to the statute of limitations, and on an alternative basis, sought to reduce any compensation citing the victim’s contributory negligence in the incident.
Court’s Ruling
The court rejected all these arguments, underscoring that the key consideration for determining the employer’s responsibility is not the end date of the employment relationship, but whether the employee was in the course of their duties during the incident. Evidence showed that the driver was indeed working for the taxi company at the time of the accident, thus holding the company accountable for the damages caused during his employment.
Limits of Civil Claims
The court also dismissed the claim of expiration, clarifying that a tort claim tied to a criminal act pauses the statute of limitations during the criminal proceedings. Therefore, the civil suit was deemed timely since it was filed after the finality of the criminal judgment, which established the driver’s wrongdoing without room for civil contestation.
Conclusion and Compensation Awarded
The forensic report further confirmed the permanent injuries sustained by the victim, encompassing a fractured skull, loss of bone, facial deformities, and seizure disorders. These injuries led not only to substantial physical impairment but also significant emotional distress and suffering.
In its final ruling, the court mandated the driver and taxi company to jointly pay AED 2 million in total compensation for the physical and mental damages incurred, along with a legal interest rate of 5% from the date the judgment became final until the payment is made. The court also rejected the taxi company’s secondary claim against the insurance provider, as the dispute had not been initially presented to the insurance dispute resolution committee as required by law.