400 thousand dirhams in compensation for an injured person in a traffic accident

An (Asian) resident filed an appeal before the District Civil Court in Dubai, against the decision of the Insurance Disputes Settlement and Resolution Committee to oblige an insurance company to compensate him with an amount of 350 thousand dirhams for a traffic accident caused by a driver of a public transport vehicle as a result of recklessness, negligence, and failure to adhere to traffic etiquette and laws.

The accident victim demanded one million dirhams in compensation for severe physical injuries that were classified as a permanent disability that prevented him from moving and living his life normally and caused him to lose his job. The civil court of first instance ruled to amend the compensation amount to 400 thousand dirhams, but he was not satisfied with that and appealed the ruling before the Court of Appeal. Which upheld the initial ruling.

In detail, the victim of a traffic accident filed a lawsuit before the District Civil Court in Dubai, demanding compensation worth one million dirhams based on the statement that an (Asian) public transport vehicle driver caused a traffic accident in the month of November 2020 in the Emirate of Abu Dhabi, in which the plaintiff was the victim.

The case papers stated that the Public Prosecution charged the accused driver with not adhering to traffic signs and the rules of traffic law and etiquette, and drove the vehicle without caution or attention, which led to him harming the plaintiff’s body safety. It referred him to the court, which ruled to convict him and punish him criminally with a fine of 10,000 dirhams. The ruling became final after the deadline for appeal passed. When the plaintiff was presented to forensic medicine, it was found that he suffered a fracture in the middle of the left femur, and other injuries that were treated with surgery and metal fixation, resulting in limited movement, which is considered a permanent disability and permanent disability of 65% of the left lower limb, in addition to a fracture in the seventh thoracic vertebra of the column. His spine also required surgical intervention, leaving him with a permanent disability that made him unable to bend or lift even simple loads. The plaintiff pointed out that in addition to the severe injuries he sustained, he suffers other moral damages due to the accident and huge material losses that have deprived him of peace, tranquility and peace of mind, and prevented him from living his life normally, in addition to his inability to complete his work now or in the future, which will ultimately lead to the termination of his life. For his services, he incurred significant expenses for treating his injuries in the future, in addition to the great suffering he endured during the recovery period from the injuries resulting from the accident.

After examining the case by the court of first instance, it ruled to amend the amount of compensation to become 400 thousand dirhams instead of 350 thousand dirhams, and obligated the company appealed against to pay the expenses, noting in the merits of the ruling that it was established in the jurisprudence of the Court of Cassation that the authority to understand and collect the reality in the case and evaluate its evidence is a matter The trial court is independent of it when it bases its ruling on justifiable reasons that are clearly stated in the papers, and it has full authority to evaluate the consultant expert’s report submitted to it.

In addition, the plaintiff was not satisfied with the initial ruling and appealed to the Court of Appeal, demanding that the first ruling be annulled and the ruling amend the amount to one million dirhams, since the amount awarded does not compensate for the damages he suffered, the loss he suffered, and the earnings he lost, in addition to the severe injuries that were damaged. His body, and left him with a feeling that affected his emotions. The defendant insurance company also appealed the ruling of the first instance on a document stating that it had not violated the law and erred in its application, as it did not explain the reason for raising the amount of compensation from 350 thousand, as decided by the Dispute Settlement and Resolution Committee, to 400 thousand dirhams, pointing out in its memorandum that compensation must be rejected. Moral damages because it is not permissible to combine them with blood money. For its part, the Civil Court of Appeal decided to join the two appeals due to their connection and ruled to reject them and uphold the appealed ruling.