Requiring an insurance company to compensate a "delivery" worker with 70,000 dirhams

A total civil court in the courts of Ras Al Khaimah has ordered an insurance company to compensate the "delivery" worker with an amount of 70,000 dirhams, after a driver who was insured by the insurance company hit him and caused him to break his left collarbone from his shoulder, and his inability to work in the field of order delivery.

In detail, a (Asian) delivery worker was exposed to a traffic accident caused by a driver of a (Gulf) car insured with the defendant insurance company under an insurance policy, and the accident resulted in the plaintiff being injured in his body and a fracture in the middle of the left collarbone of the shoulder with broken limbs that exceeded. Traffic, the driver of the vehicle, was penalized for accusing him of destroying a vehicle owned by another in a traffic accident, and ramming his car into a motorcycle that the prosecutor was driving on Al-Jisr Street from the Civil Defense roundabout in Ras Al-Khaimah, which led to the destruction of the two vehicles and the injury of the plaintiff, and the traffic report revealed that the cause of the accident was the defendant's failure In his itinerary.

The plaintiff filed a lawsuit with a total civilian requesting that the defendants compel the driver of the car who caused the accident and the insurance company to pay him the appropriate compensation estimated by the court and al-Jaber for the physical, material and moral damages incurred by him as a result of the accident, and obligating them to pay fees and attorney fees.

He explained that he suffered psychological, material and moral damage as a result of the accident and incurred medical expenses to travel to his country to undergo surgery, and that he will incur in the future the expenses of completing his treatment in his country, in addition to that he lost his salary as a result of staying without work or wages for several months, pointing out that he was working as a driver. Motorcycle in a cafeteria, and that he is liable to cancel his residency due to his inability to work as before.

In the testimony of the sponsor of the plaintiff, the owner of a cafeteria, it was stated that the plaintiff did not receive his salary of 2500 dirhams for two months because of the accident, and that he worked for a motorcyclist and that he traveled to his country to receive treatment. The plaintiff requested to contact the Ministry of Labor to attach a copy of the plaintiff’s work contract.

In its ruling, the court confirmed that it is established in the accident report that the car, the instrument of the accident, is under compulsory insurance from civil liability before third parties with the defendant insurance company, and then it is covered by insurance coverage and the insured risk occurred, and then the insurance company's responsibility has fulfilled its obligation to compensate the injured according to For what the court estimates.

She added that what is proven from the medical report is that the plaintiff had a fracture in the middle of the left collarbone with broken limbs that were passed over, which constitutes a violation of the integrity of his body, as it has been proven from the documents that he incurred 250 dirhams for radiological consultations, and 150 dirhams for translation of documents, and she pointed out that the plaintiff did not receive his salary of 2500 One dirhams per month for two months due to the accident, and not returning from his country to start his work, and he also incurred a loss of a travel ticket worth 611 dirhams one way only, which represents a loss of his money and what he missed from his monthly salary during that period and for the period of his return from his country, which is what is achieved with him material damage .

She added that the plaintiff suffered psychological and moral damages as a result of his injury and his condition has endured throughout the period during which he was hesitant to seek treatment, especially with his injuries, including a fracture in the middle of the left collarbone, which increases his negative feelings, grief, pain and fear, which are psychological and moral damages.

I mentioned that the responsibility of the perpetrator of the accident has been proven for violating the law, and the liability of the insurance company has been proven in accordance with the provisions of the insurance contract, and then the responsibility of each of them has been fulfilled with the difference in the legal basis for liability against each of them, and then they are jointly responsible, and the court decides to oblige them together with the tool 70 One thousand dirhams, a material and moral compensation to the plaintiff for the damages he sustained as a result of the accident.

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