The Karnataka High Court on Monday directed ANI Technologies, the parent company that owns and operates OLA Cabs, to pay ₹5 lakh as compensation to a woman who was sexually harassed by an Ola cab driver in 2018.
Justice MGS Kamal also directed the Internal Complaints Committee (ICC) of the company to hold an inquiry into the woman’s complaint in accordance with provisions of the Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) [POSH] Act, 2013.
The Court said that the ICC must complete such inquiry within 90 days and submit its report before the District Officer.
"Petitioner who opted OLA ride acting upon the promise and assurance of safety and protection offered by OLA having withstood this dangerously treacherous moments sought to register her complaint and intervention of ICC only in furtherance to her fundamental, statutory and contractual rights which she was entitled to having entered into and agreement with OLA while downloading OLA cab app, which has been brazenly and without any scant regards breached and violated by ICC and OLA. The facts and circumstances of the case therefore warrants petitioner be suitably compensated for the trauma she has undergone," the High Court said.
The Court also directed ANI technologies to pay the petitioner an additional sum of ₹50,000 as litigation expenses.
The Additional Commissioner for Transport and the Secretary of the Karnataka State Transport Authority were directed to personally pay a sum of ₹1 lakh to the Karnataka Legal Service Authority.
On August 20, Justice Kamal had reserved orders on the petition filed by the woman passenger seeking action against a driver under the POSH Act.
The woman had alleged that she was sexually harassed by the driver in August 2018, and that Ola had failed to take appropriate action following her complaint.
She had said that during her cab ride, the driver kept staring at her through the rear-view mirror and watching a pornographic video on his mobile phone in a manner that it was visible to her. The driver had also been masturbating and refused to stop the cab before the destination, the petitioner said.
Following the woman's initial complaint, Ola told her that the driver had been blacklisted and would be sent for counselling. The company, however, did not take any further action, prompting the petitioner to lodge a formal police complaint.
Ola through its ICC contended that the cab drivers were not company employees and, therefore, not amenable to actions under provisions of the POSH Act.
In its order on Monday, the High court however, held that the ICC was under a "statutory obligation" to accept the complaint filed by the petitioner and to enquire into allegations of sexual harassment made by her against the OLA driver.
Advocates Rithwick Ganesh and Mundra Kritika Ajay appeared for the petitioner.
Senior Advocate Dhyan Chinnappa appeared for the ICC of ANI Technologies.
Advocate Raghvendra SH appeared for the respondent Karnataka State Transport Authority.
[Read Order]