DCC 23/1999
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Rights & Duties of Employees & Employers, General Personal Injury, General Insurance Law
Copyright
LexisNexis
Decision date
23 Oct 1999
Catchwords
Employer’s liability – Personal Injury – Road Traffic Accident – Insurer – Alcohol
This case looked at damages for a personal injury caused by a road traffic accident. The key issue in this case was whether the employer of the driver and the insurance company were liable to pay the damages. This case details on when an employer would be liable for damages in an accident caused by an employee even when the employ was under the influence of alcohol.
Background
A claim was brought against two defendants ordering them to pay 650,000 AED jointly and severally, plus legal costs and interest. The claimant stated a vehicle driven by an employee of the first defendant and insured by the second defendant, had crashed into him causing him damage. The driver had been found guilty in a traffic case. The Court of First instance ordered the defendants jointly and severally to pay 100,000 AED. The defendants appealed. The appeal court affirmed the ruling against the first defendant but dismissed the claim against the second defendant. The first defendant appealed by cassation.
Decision