She was permanently handicapped and disabled
600,000 dirhams in compensation for a young employee who was a victim of a traffic accident
Attorney Ali Al Hosani: "The plaintiff was working in a reputable company, and the permanent disability forced her to stay at home."
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The Abu Dhabi Court of First Instance ruled an insurance company and a Gulf driver compensation of 600,000 dirhams to a young employee who had a serious accident caused by the driver (the second defendant), which resulted in the employee having physical disabilities in various functions of the body that transformed her from a healthy and mentally fit young woman to a semi-incapable person. Do anything.
According to the verdict, the accident occurred in June of last year when the Gulf employee’s car broke down during the day in the middle of the road, and the inspection proved that the weather was clear and the road was passable, and there is no congestion and the vision is clear and allows her vehicle to be noticed remotely from a safe distance, but collided The driver (the second defendant) had a vehicle in it from the back, and the criminal court ruled convicting him, deciding that the accident occurred as a result of his negligence and lack of caution, and punished him with a fine of 500 dirhams. And moral.
According to the prosecutor’s attorney, lawyer Ali Khalaf al-Hosani, the injuries left her with permanent disabilities that forced her to stay at home after she was working in a reputable company and receiving a salary that helped her manage her family’s affairs, calling for her to be referred to a medical committee to sign a medical examination on her, with an indication of the physical damage she suffered. Her client and estimate the percentage of disability.
The report of the medical experience stated that she suffers from a permanent impairment of brain function by 30%, causing her chronic symptoms such as headache and dizziness, 70% deformation in the spine, and a disability of 5% in her respiratory system, in addition to other injuries that left her with very serious complications.
Al Hosani stressed that it is not possible to redress all of these physical and psychological damage to the human soul as a result of these injuries in return for money, but that this matter was approved by the laws in force in the country to compel the risk of the affected person and compensate him for the traffic accident, as it is a material incident that results in and entails the right to compensation according to Article 292 From the Civil Transactions Law and its amendments, stating that “the guarantee is estimated in all cases to the extent of the damage caused to the injured and the lost earnings, provided that this is a natural result of the harmful act.”
He explained that it was stated in the traffic report, that due to the lack of appreciation of the road users, the front of the causing vehicle collided with the left rear corner of the damaged vehicle, and the accident resulted in material damage to the vehicle and the driver was seriously injured, and she was subsequently taken to the hospital.
For his part, the defense of the insurance company (the first defendant) submitted a memorandum pleading not to accept the case, indicating that the injured employee bears part of the responsibility for the accident of not less than 50%, given that she stopped the car in the middle of the road.
The defense attorney for the second defendant (the driver) also stated that he is not solely responsible for the accident, because the employee parked her car on Al-Khaleej Al-Arabi Street, whose speed exceeds 120 kilometers per hour, demanding that compensation be limited to all physical, moral and material damages caused to the plaintiff by 120 One thousand dirhams, taking into account the deduction of 50% of the amount as a result of the driver's participation in the accident.
However, for its part, the court stated in its merits that it is established that the offending driver is punishable and convicted, and he has neither appealed nor appealed against the ruling, which represents a decisive chapter in the incident, and it ordered the defendants to pay compensation of 600,000 dirhams in solidarity.