31 thousand dirhams in compensation for a young man whose car was damaged during the storm

The Al Ain Court of First Instance ruled that a car agency was obligated to pay a young man 31 thousand dirhams in compensation for the damage to his car as a result of the storm that the country was exposed to last February, noting that the car was in the possession of the defendant for the purpose of repair, but she left it outside the workshop without any protection.

In detail, a young man filed a lawsuit against a car repair agency, in which he demanded that the judiciary oblige it to pay an amount of 82 thousand dirhams in addition to fees and expenses, indicating that he had deposited his vehicle with the defendant for the purpose of repair, but the latter did not repair the vehicle, and the vehicle She suffered damage resulting from the hail storm that the country was subjected to last February, as a result of her leaving the vehicle outside the garage since the date of receiving it. He asked her to repair the vehicle, compensate him for the damage, and compensate him for renting a vehicle to travel in it until his own vehicle was repaired, but the defendant refused..

During the consideration of the case, the plaintiff present on behalf of the defendant submitted a response memorandum at the conclusion of which he requested not to accept the case, and as a result, the court rejected it while obliging the plaintiff to pay fees and expenses and in exchange for attorney’s fees, while the court decided, before deciding on the matter, to assign a mechanical engineering expert to examine the vehicle and provide a technical opinion..

For its part, the court explained in the merits of its ruling that the report of the assigned engineering expert concluded that the plaintiff had deposited the vehicle in question with the defendant, “the authorized local agent for the car brand,” for the purpose of repairing the air conditioner, but it was exposed to the hailstorm that occurred, as it was exposed to It was damaged directly by the hailstorm, and without any protection from hailstones falling on it. It sustained damages and damages resulting from the hailstorm in all parts and sides of the vehicle. However, the latter repaired the damage and damage to the vehicle, but the paint work carried out by the defendant is estimated at a poor level. And it violates the technical principles of recognized manufacturing.

The court indicated that the expert’s report stated that the estimated value of the repairs necessary for the vehicle resulting from the hail storm that damaged it was a total of 16 thousand, including spare parts and labor wages, and that a period of three weeks would be sufficient for that, from which the court infers the defendant’s responsibility as It is her responsibility to preserve the vehicle in a safe place in a way that provides protection for the property of others, and then the defendant is solely responsible for compensating the plaintiff for damages and damage that occurred to the vehicle owned by her..

Regarding the request for compensation, the court indicated that the defendant was proven to be at fault, and this would have deprived the plaintiff of his use of his vehicle, which represents a breach of his financial interest and is considered damage requiring compensation for it, and for the psychological and moral damage he suffered in his feelings in the amount of 15 thousand dirhams, and it ruled. The court: obliging the defendant to pay the plaintiff an amount of 31 thousand dirhams according to the reasons and expenses..