"Cassation": entitlement to blood money does not prevent the completion of compensation for other damages

400 thousand dirhams in compensation to the heirs of a worker

The "cassation" rejected the appeal of the engineer and the supervisor of the workers.

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The Court of Cassation in Abu Dhabi rejected the appeal of an engineer and a workers supervisor, against whom two companies (two companies) were issued a ruling obliging them to pay the heirs of one of the workers a material and moral compensation of 400 thousand dirhams, after they caused their negligence in his death.

The details of the case are due to the fact that the two defendants, the first "engineer" and the second "supervisor of workers", caused their mistake in the death of the victim (the plaintiffs' inheritor), and that was due to their negligence and lack of precaution, and their violation of what was imposed on them by the principles of their profession.

The case papers confirmed the proof of wrongdoing, and resulted in the death of the plaintiffs’s legacy, the damage inflicted on them, and the resulting loss of their true breadwinner, who was obligated to spend on them, exposing them to need and need.

The primary ruling - and the appealed ruling, obligated the appellants and others in solidarity to pay the victim's mother and wife, in her personal capacity and as guardian of her minor daughter, a material compensation of 200,000 dirhams, distributed among them according to their shares as indicated by the Sharia notification issued by the Abu Dhabi Court, And by paying the plaintiffs moral compensation of 200,000 dirhams, to be distributed equally among them.

The Court of Cassation clarified that entitlement to the blood money does not prevent the person entitled to it from completing compensation for other damages that are not met by the blood money, including the loss and lost earnings of the injured, and therefore the compensation due to the heirs, whether material or moral, as a result of what happened to their people. From damages due to the death of their inheritor, it is outside the scope of compensation that the legislator meant by prohibiting its combination with blood money and compensation, and then there is nothing to prevent this compensation from being assessed in light of these texts, because each of them differs in the source and nature of the obligation and the type and extent of compensation.

The court indicated that the documents, and through the information of the hereditary, that the deceased had a mother, a wife and a minor girl, and it was legally decided that the wife's alimony was from her husband's money, the maintenance of the minor children was on their father, and the mother's alimony on her son, especially after the death of her husband and her old age, and they had suffered damages. Financial losses represented by the loss and earnings they lost, as a result of the death of their inheritor, estimated by the court at an amount of 200 dirhams, distributed among them according to the legal shares, and the plaintiffs, who are the wife of the deceased, his daughter, his mother and his brothers, have suffered from grief, grief and sadness in their feelings, emotions and feelings as a result of losing the victim Therefore, when he died at a young age, what caused them moral damages estimated by the court at an amount of 200 thousand dirhams, to be distributed among them equally.

The court affirmed that what the appellants raised in terms of the absence of error requiring their responsibility and the victim’s contribution to the occurrence of damage, and the combination of compensation and blood money, are reasons related to legal issues in which the court had previously issued a judicial principle in which it did not see any justification for reversing it, and the court ruled not to accept the appeal, and the appellants required a fee Expenses, insurance confiscation ordered.

• The case papers confirmed that the negligence of an engineer and a supervisor of workers caused the death of the worker.

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