G. Jonathan Franko

The respondent was a passenger on a bus that was hijacked by armed robbers.

During the robbery, the respondent was struck on the head with a pistol and injured.

He applied for statutory accident benefits.

The arbitrator found that the incident was an 'accident' under the SABS-1996 because the bus was a critical part of the robbery.

The insurer appealed.

The Director of Arbitrations allowed the appeal, finding that the impairment was directly caused by the assault, an intervening act, rather than the use or operation of the automobile.

The applicant was a passenger on a bus headed to a casino when it was hijacked by armed assailants.

The assailants took control of the bus, robbed the passengers, and pistol-whipped the applicant.

The insurer denied statutory accident benefits on the basis that the incident was not an 'accident' under the Schedule, arguing the use of the vehicle did not directly cause the impairment.

The arbitrator found that the bus played a central role in the robbery, acting as a moving prison and a weapon, and thus the use of the vehicle was a direct cause of the applicant's injuries.

The preliminary issue was resolved in favour of the applicant.