FAMILY MEMBERS OF VICTIMS OF TRAFFIC ACCIDENTS HAVE THE RIGHT TO SUE PMH AND THE COURT IN THIS CASE HAS ALLOWED THESE SUGGESTIONS
The third defendant was a driver who was driving a loaded truck which collided with a person and a bridge barrier and resulted in two deaths and one injury. The Victims were workers who were carrying out repairs to the toll road. Therefore, the Plaintiffs, who were family members of the victims of the accident, filed a tort claim against the truck driver (Defendant III), a CV that employed the truck driver (Defendant I) and the management of the CV (Defendant II).The District Court ruled that the Defendants had committed a tort and the Defendants had to pay compensation to the Plaintiffs. In the cassation decision, the Supreme Court stated that the actions of the truck driver (Defendant III) who drove the loaded truck, collided with people and a bridge barrier which resulted in two deaths and one injury was an act against the law (onrechtmatige daad). Because the truck driver (Defendant III) was working under the orders of the CV and CV Management, the CV (Defendant I) and CV Management (Defendant II) are jointly and severally liable for all losses caused by the driver (Defendant III).-> Supreme Court Decision Number 3700 K/Pdt/2019, Dated December 16, 2019.
Source: https://putusan3.mahkamahagung.go.id/direktori/putusan/156ad8da5b0935b320a737f46b40898e.html.
Salam Pancasila,
Fredrik J. Pinakunary