The Dubai Civil Court recently dismissed a lawsuit brought by an insurance company seeking to recoup 219 thousand dirhams from the driver of a heavy transport vehicle and its owning company.
This action stemmed from an incident where the driver, lacking the appropriate license for the vehicle, caused the death of an individual. The plaintiff, obligated to pay 100 thousand dirhams in blood money and an additional sum determined by the dispute resolution committee for the benefit of the deceased's heirs, argued that the driver's lack of proper licensing and his involvement in the accident warranted financial responsibility.
The insurance company contended that the driver operated the vehicle without the requisite license, contributing to the accident that resulted in the loss of life. The plaintiff, having covered expenses including blood money and legal fees, sought reimbursement from both the driver and the vehicle's owner. They maintained that the owner, by allowing the driver to operate the vehicle without due qualification, shared liability for the incident.
However, the court's ruling emphasized the necessity of proving that the driver lacked the appropriate license for the vehicle involved in the accident. While the plaintiff presented evidence of the driver's possession of a license from another Gulf country, there was no indication that this license was insufficient or expired. Consequently, the court found no grounds to hold the driver accountable for the compensation paid by the insurance company.
Moreover, the court rejected the plaintiff's attempt to seek recourse from the vehicle's owner, citing the Civil Transactions Law. According to Article 316 of this law, liability for damage caused by objects or machinery lies with those who have control over them, provided they possess the means to prevent such damage. In this instance, since the vehicle was under the driver's control while being operated for a different company, the owner bore no responsibility for its use in the accident.
While the insurance company argued that the driver's lack of a designated license contributed to the accident, the court found insufficient evidence to support this claim. Additionally, the attempt to hold the vehicle's owner liable was dismissed based on legal provisions governing liability for property under one's control.