The High Court on Wednesday ruled in favour of Farooq Ahmed Khan after finding his former employer had exposed him to an unnecessary risk of injury due to the absence of a safe working protocol.
Khan, 53, was employed by Foodpanda as a “rider” to deliver food using his own motorcycle, for which he was responsible for its running expenses.
He told the trial earlier this year that he was blown off his motorcycle by a strong gust of wind while on his way home after completing three outstanding orders at around 11pm on 18 August 2020.
The plaintiff suffered injuries to his back, right knee and right fingers and was granted a total of 785 days of sick leave by doctors and therapists at public hospitals. He also complained of depression, loss of interest in his surroundings and persistent flashbacks and nightmares of the accident.
Counsel for Foodpanda’s parent company, the Berlin-based Delivery Hero, argued that the platform had given sufficient warnings to workers about worsening weather and that they were free to continue taking orders at their own risk.