Case details

University of Technology, Mauritius (Appellant) v Gopeechand (Respondent) (Mauritius)

Case ID: JCPC 2017/0069

Jurisdiction: The Supreme Court of Mauritius

Case summary

Issue

Whether the appellant, in its capacity as the respondent’s employer, is liable for the injuries sustained by the respondent while he was travelling home from work after office hours in a car provided by the appellant.

Facts

The respondent was employed by the appellant. In March 2007, Mr Botia, a colleague of the respondent, applied to the appellant through its standard form for a vehicle to take him and the respondent home from work. The respondent was working beyond his normal office hours. As they were travelling home, the car suffered an accident, in which the respondent was injured. The driver, also an employee of the appellant, was later criminally prosecuted, found guilty, and sentenced to a fine. In 2010, the respondent lodged a claim against the appellant for damages sustained as a result of his injuries. He argued that the appellant, as his employer and the party which had provided the car, had failed to convey him safely to his place of residence and had, therefore, committed a breach of contract. The Intermediate Court of Mauritius found the appellant liable for the respondent’s injuries and ordered the appellant to pay damages. The Supreme Court of Mauritius dismissed the appellant’s appeal. The appellant now appeals to the Judicial Committee of the Privy Council.

Parties

Appellant

University of Technology, Mauritius

Respondent

Ramraj Gopeechand

Appeal

Justices

Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge, Lord Lloyd-Jones

Hearing start date

12 Jul 2018

Hearing finish date

12 Jul 2018

Watch hearing
12 Jul 2018 Morning session