DCC 127/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Damages in Personal Injury, Employers' Liability, General Tort, Road Transport, Rent & Service Charges, Companies & Corporate Bodies, General Insurance Law
Copyright
LexisNexis
Decision date
1 Nov 2003
Catchwords
Personal Injury – Employer's Liability – Tort – Road Traffic Accident – Car rental – Insurance company
This case involved insurance and damages as a result of a road traffic accident where as well as vehicles being damaged, some employees were injured and others killed. The key issues included whether the rental car company or the driver were liable for damages. The case also looked at various claims by the employer for losses they sustained because of having to pay for the treatment and replacement of staff.
Background
An Appellant company filed the action No 225/1999 against the Defendants they jointly pay 243,071 AED with annual interest rate of 12% as of the date the action was filed until payment.
The Plaintiff stated that on 04/06/1998 while the First Defendant was driving a car owned by the Second Defendant and insured at the Third Defendant, he hit a car owned by the Plaintiff company and which was carrying a number of her workers and led to the death of five workers and the injury of seven others.