Galway Bay fm newsroom - The High Court has ruled that a man who suffered an injury after being stuck head on by a car driven by his former son-in-law is entitled to €35 thousand in compensation.
The MIBI, a body set up to compensate victims of uninsured and untraced driving, had appealed a decision that Gerard Mongan was entitled to damages after being struck by a car driven by Martin Mongan.
The incident occurred following an argument outside the plaintiff's home at Renmore in Galway on June 16th 2013.
It was alleged that Martin Mongan, previously married to Gerard Mongan's daughter Amanda, was intoxicated when he arrived at the plaintiffs home demanding to see his son.
He was asked to leave and did so in his car - but allegedly later returned and drove off the road and onto the path straight into Gerard Mongan.
As a result of his injuries Gerard Mongan sued in Galway Circuit Court both Martin Mongan and the Motor Insurers Bureau of Ireland - or MIBI - seeking damages.
The MIBI had claimed it had no liability because the uninsured driver had deliberately used the car as a weapon, and the injuries had not been sustained as a result of negligent driving by Martin Mongan.
Opposing the appeal Gerard Mongan denied that there was any evidence that Martin Mongan had used his car as a weapon.
Even if the court found that it had been driven in such a manner, his lawyers argued, it was still a breach by Martin Mongan of his duty of care that it constituted negligent use of the vehicle.
Ruling on the matter Mr Justice Denis McDonald, dismissed the appeal - but was critical of the manner in which evidence was given by Gerard Mongan and his wife about the incident.
He noted that their claims that Martin Mongan did not drive deliberately at them, greatly contrasted with evidence and statements given in the aftermath of the incident.
However when the court considered legislation governing the MIBI and European law on such matters, the judge found the plaintiff is entitled to damages from the bureau.
